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Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....” created subsequently and that no remarkable discrepancy was found after recounting the ballot papers of Dopolla Janata High School Centre. The learned Appellate Tribunal on total disregard of the provisions of law and on wrong assessment of the evidence on record passed the impugned Judgment and......bsequently and that no remarkable discrepancy was found after recounting the ballot papers of Dopolla Janata High School Centre. The learned Appellate Tribunal on total disregard of the provisions of law and on wrong assessment of the evidence on record passed the impugned Judgment and order declari..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
.... no appeal lay therefore under sub-section (4) of section 29 of the said Ordinance. 7. For correct appreciation of the points raised by the learned Advocate it is necessary to examine the relevant provisions of the Local Government (Union Parishads) Ordinance, 1983 and the Rules framed thereunder......he meaning of sub-section (4) of section 29 of Local Government (Union Parishads) Ordinance, 1983 is appealable under that section and the learned District Judge has, therefore, committed an error of law resulting in an error in the decision occasioning failure of justice is refusing to entertain th..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....ase where the complaint has been made by a Court or by a public servant, this section expressly declares that there need be no examination of the complainant before issuing processes. There is no provision in the Code to the effect that a failure to follow the provision of section 200 in respe...... 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleging therein that on 07.10.1982 the accused persons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut..Category: Criminal Law | Date: | Hits: 168
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......e petitioner that the impugned order dated 5.8.90 passed by Respondent No.2 DM, Dhaka cancelling the petitioner's licence and asking him to deposit the licence and the revolver at Mirpur PS is bad in law as the petitioner, though given a notice of three days to show cause, was not given a fair and a..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....ed with sanctioned plan was a matter between the landlord (owner of the premises) and RAJUK. The tenant‑petitioner could only be evicted by the landlord, that is the respondent Nos.6‑14 under the provisions of the Premises Rent Control Act with notice under section 106 of the Transfer of Propert......respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petition..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....of easement over the Plot Nos.1 and 2 having not fulfilled the requirement of section 15 of the Easement Act, they are not entitled to a decree and the lower appellate court having not considered the provisions of section 15 of the said Act have committed illegality. In this connection he submitted ...... the lower Appellate Court so far as they relate to the pathway over Plot Nos.1 and 2 and sent the case back to that court for re‑hearing of the appeal on the question of pathway in accordance with law and in the light of the observations made above." Thus the trial court, the lower appellat..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....the learned Advocate for the opposite party cannot be said to be without foundation. Government in fact is not a necessary party but a formal party to be impleaded in this suit in compliance with the provision of PO No.142 of 1972. Further it appears from the certified copy of the plaint of TS No.62...... performance of contract. 14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of th..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....er hearing both the sides, the learned District Judge found that the defendant had disclosed no defence and also did not seek leave to appear and defend the suit in due course; hence in pursuance the provisions of rule 2(2) of Order 37 CPC he passed the decree in favour of the plaintiff and rejected......earned District Judge vide order dated 15.3.1992 direction to issue summons upon the defendant asking him to appear within 10 days from the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the summons on 16.2.92 and thereafter entered appearan..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....that such permission to investigate into a non‑cognizable offence is to be obtained by the informant of such offence. Sub‑section (2) of the said section 155 of the Code is not dependent upon the provisions of sub‑section (1) of the said section 155. If such an informant goes to the Magistrate......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....nough to give undertaking that no petition for contempt of Court will be filed in the meantime." 10. In the meantime the petitioner submitted in bond Bill of Entry No.C 151501 dated 27-12-2003 and provisional assessment was made of thereafter and submitted ex-bond bill of entry No.152259 dated 28......ted 21-7-2009 passed by the Appellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be direct..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......ure as evidence before ex-parte decree is passed. Ex-parte decree speaks some fishy fishy in obtaining the same. 14. The Bangladesh House Building Corporation Finance Order, 1973 is a beneficial law to the people as it provide financial facilities for the construction, repair and remodeling of ..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....as committed by the accused petitioners and in consideration thereof they were enlarged on bail on 9-10-93 and that was further confirmed on 11-11-93. 4. Thereafter, in defiance with the mandatory provision of section 155(2) of the Code of Criminal Procedure the police officer investigated into t......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ..Category: Criminal Law | Date: | Hits: 90
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....that such permission to investigate into a non‑cognizable offence is to be obtained by the informant of such offence. Sub‑section (2) of the said section 155 of the Code is not dependent upon the provisions of sub‑section (1) of the said section 155. If such an informant goes to the Magistrate......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Procedural Law | Date: | Hits: 153
....ts that under Rule 7(1) of the Service Rules of the Bangladesh Freedom Fighters Welfare Trust (Head Office) Service Rules, 1979 the petitionees service was terminated but in the said Rule there is no provision for giving any reason but in this case the petitioner's service has been terminated by giv......d that the petitioner is not the junior most in the same rank but there are some other officers working in the same rank who are junior to him and as such the order was passed arbitrarily and without lawful authority.
3. Respondent Nos.1 and 2, namely, Managing Director and the Secretary, Banglad..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....of suit plot No.636 along with other lands to the defendant No.2. Since there is nothing in the said deed as to the extent of the share of the vendors to be transferred under the said deed as per the provisions of section 47 of the Transfer of Property Act the vendors' share in the land sold will be......e white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will have no legal force in the eye of law as because they had already transferred their right to the suit land by registered deeds in favo..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....the plaintiff shall be entitled to a decree. Form of the summons as well as Article 159 of the Limitation Act prescribe that the defendant is to appear within 10 days from its service. In view of the provisions of law and the observations made in those cases we are, therefore, of the opinion that th......88 by the petitioner for vacating the order passed on 23.11.1988 on the ground that in absence of a prior leave obtained by the opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but withou..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... after considering the facts and circumstances of the case held that the building had been illegally included in the list of the buildings prepared under President's Order No.16 of 1972 read with the provisions of Ordinance LIV of 1985, and ordered that the building be excluded from 'Ka' list of the......nt No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to canc..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....side the conviction unless it is shown that such examination has materially prejudiced the accused. It is now well settled that in order that a conviction may be set aside for non-compliance with the provision of section 342 Cr.P.C. it is not sufficient for the accused merely to show that he was not......nce namely, the presence of 5 or more persons as required to commit dacoity has not been mentioned in the charge so framed and as such the conviction of the accused appellants is not sustainable in law. To constitute an offence under section 391 of the Bangladesh Penal Code which defines dacoity..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....t is referred in 35 DLR 129 "that dakhilas are private documents and it would not carry any presumption of correctness as would be available in the case of any entry in the record of rights under the provisions of the Bengal Tenancy Act. It appears that both the parties have adduced rent receipts an......ubmits that the trial Court after hearing the parties and the deposition and considering the Exhibits since found possession of the petitioner dismissed the suit which is very much in accordance with law against which the plaintiff-appellant-opposite parties have preferred appeal and the appellate C..Category: Property Law | Date: | Hits: 144
....hat the suit is not maintainable in view of sections 21, 41 and 56(f), (i) and (J) of the Specific Relief Act and sections 19 and 25 (f) of the Employment of Labour(Standing Orders) Act, 1965 and the provisions of the Industrial Relations Ordinance, 1969. He argued that special law being enacted cre......this court and obtained the present Rule.
6. Mr. Md. Ruhul Amin, the learned Advocate appearing on behalf of the petitioners submitted that the court of appeal below committed serious errors of law occasioning failure of justice in dismissing the appeal and affirming the judgment and decree of..
Category: Labour and Industrial Law | Date: | Hits: 233
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