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Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....e offence was passed by the Court not as a Sessions Judge but in exercise of his power as Special Tribunal on the basis of the report of a competent police officer and there being no violation of the provisions of section 27 of the Special Powers Act the proceeding is not liable to be quashed. 9.......olice report which not only means charge sheet but also includes final report. Section 27(1) of the Special Powers Act lays down: "Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
.... the learned SubÂordinate Judge committed an error of law in not passÂing an order staying further proceedings of the MisÂcellaneous Case till the disposal of the earlier suit. He submits that the provisions of section 10 C.P.C. are mandatory in nature. In support of his contention he has referre......Judge rejected the said applicaÂtion by the impugned order dated 25.8.85 on the ground that the Miscellaneous Case has been filed under a Special Law and the Title Suit was filed unÂder the general law. The case under special law, therefore, cannot be stayed till the disposal of the suit institute..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The SesÂsions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......sent case the Public Prosecutor who filed the application for revival had no authority or inÂstruction to file the application and as such the reviÂval order is illegal and not authorised under the law. 4. Mr. A.K.M. Shamsul Karim, the learned AsÂsistant Attorney-General appearing for the Stat..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....hout jurisdiction as the investigation was not completed within the specified time as contemplated under secÂtion 167 sub-section (5) of the Code, we are called upon to decide as to whether the same provision of the Code is applicable in an investigation of a case relating to an offence under the S......arned Advocate on a reference to section 5(2) of the Code argued that section 167 will also apply in the case of a Special Tribunal. Section 5(2) reads as follows:— "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same prov..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......h Tarique, the learned Assistant Attorney General supported the judgment and order passed by the learned Tribunal and submits that in convicting the appellant the Tribunal did not commit any error of law or illegality. He further submits that the illegal possession and control of the arms by accused..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....‘8‑85 because within initial probationary period no such intimation was given to the plaintiff opposite party No.1 that his conduct is not satisfactory. Mr. Asaduzzaman, therefore, submits that the provision as laid down in rule 6(1) is mandatory and it is the duty of the Managing Committee to com......defendant's case, in short, is the denial of the averments made in the plaint and that the suit is not maintainable in the present form, the suit suffers from defect of parties, the suit is barred by law of limitation. The further case of the defendant is that the plaintiff was appointed on probatio..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......formance of an agreement in a case where parties are entitled to revoke or dissolve the agreement. Underlying reasoning is that it will be idle to pass a decree which can be undone by the other party lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its na..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....lim Family Law Ordinance, 1961, so the plaintiff only can entitled to get her prompt dower. Whereas the appellate Court reversed the same. 14. First, I would like to discuss about the divorce. The provision of divorce has been made only as an unavailable necessity, otherwise Allah subhanatallah d......llah does not approved that the marriage relationship that has been established between a man and a woman should ever broke. The Holy Prophet Mohammed (Peace be upon him) has said "Allah has not made lawful anything more hateful in His sight than Divorce" (Abu Daud) And: "Of all the things permitted..Category: Family Law | Date: | Hits: 202
....92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, Dhaka). By that order the Court excluded the disputed property from (ka) schedule of the list prepared under the relevant provision of Ordinance No.54 of 1985. The petition is delayed by inordinate delay as mentioned in pa......n we need not embark on discussion on merit.
In the result, this petition is rejected on the ground of inordinate delay. No costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 502.
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Category: Limitation Law | Date: | Hits: 230
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....consider as to whether the girl was below 16 years or not and if she was found below 16 years at the relevant time, the Children Act of Bangladesh would be applicable and also to in as to whether the provisions of the Children Act were followed or not in the trial. When the girl was brought, before ......(Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
.... the sale deed dated 06-06-1996 at a price of taka 15.000. The deed was registered in the office of Sub-regisÂtrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having been recorded in book No.1, volume No.36. Before ......, the evidence on record, the judgÂments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled prinÂciples of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held &..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
.... of October, 1984 and the complainant Manwara Begum, the first wife was sent to her father's house for a visit during the last past of OctoÂber, 1984. On 08.12.1984 her husband in violaÂtion of the provision of section 6 of the MusÂlim Family Law Ordinance took a second wife namely another Manwar......ce as it stood originally included a non-obstante clause as spelt out in section 3 of the said Ordinance which provided that the provision of the said Ordinance shall have effect not withstanding any law, custom or usage. But the said clause was omitted by Act 52 of 1974 for obvious reasons as in Mu..Category: Family Law | Date: | Hits: 193
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....rity to terminate the services of the plaintiffs. 5. The petitioner as defendant No.1 contested the suit by filing a written statement. He contended, inter alia, that the suit was barred under the provision of Bank (EmploÂyees) Service Regulation, 1981 and the EmployÂment of Labour (Standing Or......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e petitioner is a poor rick shaw-puller and due to his pecuniary difficulties he could not file the appeal within time before this Court. 2. Now the question for our determinaÂtion is whether the provisions of section 5 of the Limitation Act has any application to an appeal preferred under secti......ion Meerut Cantonment, AIR 1941 Allahabad 207. 5. Answer to the whole question depends upon the interpretation of sub-section (2) of section 29 which is reproduced below:- (2) Where any special law prescribes for any 'suit, appeal or application a period of limitation different from the period..Category: Limitation Law | Date: | Hits: 222
....l manufacture, import, distribution and sale of drugs. The said Ordinance was subsequently amended by Ordinance Nos. XXVIII of 1982 and XLIII of 1984.
14. Under section 2 of the said Ordinance the provisions of this Ordinance shall be in addition to, and not in derogation of, the Drugs Act, 1940.......der the signature of the respondent No.1 the Director, Drug Administration and LicenÂcing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect.
2. The case of the petitioner is that he is a manufactur..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....e purpose of murder. 60. P.W.14 Mr. Golam Rabbani, Upazila Magistrate Brahmanbaria recorded the confessional statement Ext. 6 series of the above named 11 accused persons in accordance with the provisions of section 164 of the Code of Criminal Procedure. The Magistrate explained to each of the......d reported the occurrence and the recognition to P.Ws. 1, 18 and others. 4. The further allegation of the prosecution is, that in October, 1987 condemned prisoner Tajul Islam and his son‑in‑law Inu Mia abducted Shashanka Debnath for which ST Case No.52 of 1988 was pending against them in t..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......ondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after p..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
.... upholding the order of dismissal of the petitioner. It appears that one member of the Labour Court recommended for reinstatement of the petitioner as the employer did not take into consideration the provisions of section 18(6) of the Employment of Labour (Standing Orders) Act and opined that the pe...... members is not binding on the chairman. But the chairman is to consider the advice in deciding a case. If after considering the advice tendered by the members the chairman finds the same contrary to law or unreasonable then the chairman can discard the same. But when the advice tendered by the memb..Category: Labour and Industrial Law | Date: | Hits: 183
....tion affirmed by the secretary to respondent No.4, where it was stated that the Dhaka Chamber of CoÂmmerce and Industry is never alone entitled to represent in the Board of Trustees of DIT under the provision of Town Improvement Act, 1953. It has been further stated that the petitioner is not the o......n this Rule was issued on 01.07.1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impu..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
.... clause (a) or within thirty days from the date of the decision, as the case may be, unless the grievance has already been raised or has otherwise been taken cognizance of as labour dispute under the provision of the Individual Disputes Ordinance, 1959: Provided that no complaint shall lie agains......the said power of the learned Labour Court is not in any way limited. As such, according to the learned Advocate for the respondent No.2, the order passed by the learned Labour Court was according to law and should not be interfered with by this Court in its writ jurisdiction. 9. There is no disp..Category: Labour and Industrial Law | Date: | Hits: 162
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