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.... for review.
5. The violations of recruitment rules by the Respondents were done in many ways-National Policy of maintaining quota was violated and the basic need for prior advertisement under the provisions of Services (Re-organization and Conditions) Act, 1975 was not complied with. On the othe......s not complied with. On the other hand, several persons were given advance increments making them senior to previously appointed persons. They were arbitrary, unjustified, illegal and were done for unlawful gain. Some examples of such illegal appointment have been cited in paragraph No.4 of the abov..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....intention to kill. Therefore, the intention to kill is lacking and it is not a culpable homicide amounting to murder but is a culpable homicide not amounting to murder. Therefore, it falls within the provision of section 304 Part 11 of the Penal Code. Judging the facts in its true perspective, we ar......as such, the order of conviction and sentence passed by the learned Additional Sessions Judge is wholly misconceived and the order of conviction against these accused appellants is not sustainable in law. Mr. Huq further argued that no witness has deposed before the court stating in clear language t..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ing failure of justice. 7. Mr. Shafique Ahmed, the learned Advocate for the petitioner, submits that the action taken against the petitioner expelling him is malafide and in utter violation of the provision of article 34 wherein, according to him, a Member can be suspended for any action if it is......and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of the parties that may prejudice other party at the time o..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....and the territorial Constituency 190‑Dhaka‑11 is about 30 kilometres and, as such, the delimitation of the constituency as has been done by the impugned Notification is not in consonance with the provision of section 6(2) of the Ordinance. It is further contended that in making such order the ob...... not an order within the meaning of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective..Category: Election Law | Date: | Hits: 271
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....saulted Manju at random. 4. Mr. Syed Ziaul Karim, learned Advocate for the appellants in both the appeals, submits that even accepting the prosecution case appellants cannot be convicted under the provision of Santrash Mulak Aparadh Daman Ain as they did not commit the offence of taking subscript...... this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punishable offence under this special law. We, therefore, accept the submission of the learned Advocate for the appellants that the convic..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
.... of the property of which he claims to be a co-partner or co-owner according to the market-value of the share in respect of which the suit is instituted." It was held, with reference to the above provisions of the Court Fees Act that if a person is excluded from possession then a suit for simple......urchaser from some of the co-sharers who claimed to be in joint possesÂsion with the defendant. Their possession was not proved and as such the plaintiffs' case failed. Their Lordships laid down the law on the subject regarding the section 7 (vi-A) of the Court Fees Act and in doing so it was obser..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ed on review. He challenged the very jurisdiction of the lower appellate Court to review its own order. He submit that the appellate Court below exercised the power of the appellate Court because the provisions of a special staÂtue namely, section 96(12) of the State Acquisition and Tenancy Act con......ppellate Court below calls for any interÂference in revision. In the result the rule is discharged withÂout any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....scharged by the enquiring Magistrate before the Law Reforms Ordinance, 1978 came into force, his case, according to section 6 of the General Clauses Act, 1897 (Act X of 1897), will be governed by the provisions of the Code of Criminal Procedure as they existed before the coming into force of the sai......l. If the prosecution thought it fit in the interest of justice, the Public Prosecutor with the approval of the appropriate authorities could have moved the learned Sessions Judge, in accordance with law making out a case that accused Molla had been improperly dischÂarged by the enquiring Magistrat..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... not only offended their right to study as guaranteed under the constitution but the college authority exceeded jurisdiction vested in them awarding punishment of expulsion for ever as there is no provision either in the Chittagong University Act of 1973 or in any other statutes prescribing disc......0-10-93 of the petitioners as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this C..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....the High Court Division or the District Court has such jurisdiction to deal with such a suit. In this view of the matter, the petitioner has prayed that institution of the suits being contrary to the provisions of law, the suits should be transferred from the Court of the Subordinate Judge to that o...... Division or the District Court has such jurisdiction to deal with such a suit. In this view of the matter, the petitioner has prayed that institution of the suits being contrary to the provisions of law, the suits should be transferred from the Court of the Subordinate Judge to that of the learned ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... in view of the fact that the Mithapukur Police after recording the FIR did not transmit the copy of the allegation within 2 days to local Durniti Daman Office from the date of lodging the FIR as per provisions of Rule 4 of Durniti Daman Ain, 2004. He further submits that the police was not authoris......ith Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in ..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51....... be denied by an interlocutory order of injunction which would be inequitable. Therefore, the Court below after appreciating the materials on record by rejecting the application committed no error of law. So, we failed to discover any merit in the submissions advanced by the learned Counsel for the ..Category: Civil Law | Date: | Hits: 111
....rder the learned Assistant Attorney General further contends that respondent No.1 passed the impugned order suspending the license of the petitioner temporarily on the basis of clear violation of the provision of rule 19 of the Customs Agent Rules, 1986 and thereby justifies his contention that the ...... /4676(20) dated 18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petiÂtion, in short..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....d in 20 BLD (AD) 166. He next submitted that the trial Court erred in law in discarding the registered sale deeds of Asgar Ali Miah executed and registered more than 30 days ago and thus violates the provisions of section 90 of the Evidence Act. In this regard, he referred to the case of Additional ......rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent reason though no objecti..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
.... 38 DLR (AD) 70 it is held that Article 33 of the B.S.B. Order is the only procedure left open to the Bank for realising its claim. In case of inÂcome tax, customs dues, excise duty, etc., there are provisions in the respective statutes to determine the dues. Those statutes made further provision f......e the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....then the Order could be deemed to be a decree as defined in section 2(2) of the Code of Civil Procedure and as such appealable. On perusal of the impugned order of the learned Munsif and the relevant provisions of law, it is clear that the said order was not at all appealable, but the appeal was wro......is Court and obtained the present Rule. 7. Mr. Hasan Foez Siddique, the learned AdvoÂcate appearing for the petitioners, firstly submits that the learned Subordinate Judge committed an erÂror of law resulting in a failure of justice in not holding that the Misc. Appeal No.11 of 1984 was not at ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....he First Information Report in this case which casts doubt about the genuineness of the prosecution case. Then he submits that in fact it was a case of suicide and not a case of homicide and that the provisions of section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983 are not at all......Attorney-General therefore contends that framing of the charge and trial of the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was fully justified in law. 8. Now, in order to appreciate the above submissions of the learned Advocates on this point,..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......e in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favour relinquish..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......ld that the detaining authority failed to furnish a rational nexus between the grounds and the passing of the detention order and hence the same must be declared as illegal and not in accordance with law. Other grounds as urged by the learned Advocate for the peÂtitioner are not necessary to deal i..Category: Criminal Law | Date: | Hits: 109
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....nce of any written contract between the plaintiff-landlord and the tenant-defendants the rent was payable within the 15th day of the month next following that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small......xt following that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small Cause Court Judge committed an error of law in holding that the rent was payable in yearly instalment. 7. Mr. Dutta has further submit..Category: Tenancy Law | Date: | Hits: 214
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