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MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......xercise of power under section 152 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that provisions of the Code are generally meant to have the ends of justice but in their very nature they..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..Category: Employment/Service Law | Date: | Hits: 80
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......order of transfer was challenged in the writ petition. 3. The High Court Division alters hearing, found that the Government is empowered to transfer any person including the petitioner under the provisions of Section 39 of Zilla Parishad Ain, 2000 read with rules 3 and 7 of the Local Government..Category: Employment/Service Law | Date: | Hits: 71
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......der or decision of a Family Court to the Court of District Judge and under sub-section (7) such District Judge may transfer the appeal to a Subordinate Judge for hearing and disposal. In view of such provisions, the Subordinate Judge must be deemed to be a superior Court to a Family Court having app..Category: Family Law | Date: | Hits: 185
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....he summons has been duly served or order such service as it thinks fit. In view of the provisions of R. 19 of Order 5 C.P.C. it can easily be held that where the summons is returned under R. 17 it is mandatory on the part of the Court to examine the process server on oath and to declare that the sum......r. Rule 19 also speaks that the Court may make such further inquiry in the matter and shall cither declare that the summons has been duly served or order such service as it thinks fit. In view of the provisions of R. 19 of Order 5 C.P.C. it can easily be held that where the summons is returned under..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......ate submits that the defect pointed out by the learned Advocate for the appellant is curable under section 537 of the Code of Criminal Procedure but the defects pointed out above are not cured by the provisions of the said section of the Code. Here in the present case before us the prosecutor who co..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....eda Bewa & another Vs. The State reported in 1985 BLD 9 "that the requirement of adherence to the provisions of section 164(3) Cr.P.C. is not a mere matter of form, but substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed. Vs. ......"It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & another Vs. The State reported in 1985 BLD 9 "that the requirement of adherence to the provisions of section 164(3) Cr.P.C. is not a mere matter of form, but substance. Section 164(3) is ..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
.... to note the observation made in the case of Presiding Officer Vs. Sadrauddin Ansari reported in 19 DLR (SC) page 516 which runs as follows: "If the officer concerned has failed to discharge a mandatory duty imposed upon him by law he can certainly be compelled to do that which the law requir......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....judgment and order dated 9.4.2009 passed by the High Court Division in Civil Revision No. 5469 of 2007.) Order Surendra Kumar Sinha J.- Defendant in a suit for permanent injunction as well as mandatory injunction being aggrieved by the judgment and order dated 9th April, 2009 of a Single B......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642........ 4. Mr. S. N. Goswami, Advocate, appearing on behalf of the petitioner, submits that in upholding the order dated 02.07.2009, passed by the Artho Rin Court, the High Court Division, ignored the provisions of Sections 33(1), 33(2), 33(3) and 33(4) of the Artho Rin Adalat Ain and wrongly affirme..Category: Civil Law | Date: | Hits: 115
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ces of the case the learned Taxes Appellate Tribunal Single Bench, Dhaka was justified in its direction to admit the appeal for assessment year 1992-93 insofar as the assessee did not comply with the provisions of section 153(3)(a) of the IT Ordinance, 1984?” 4. It is contend on behalf of the R..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......d transferred to the Artha Rin Court on and from 31-7-1990 although the formal order was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in accordance with the provisions of Artha Rin Adalat Act (‘the Act’ for short) which is a special law. According to se..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....t respondent No. 3 being ii statutory authority has no right to make any underhand with the petitioner and therefore, he submits that the petitioner cannot come before this Court for a direction of a mandatory nature. We find substance in the submission of the learned Advocate for the respondent No.......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453...Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......The petitioner also claims that the land being not Railway land as has been allegedly claimed by the respondent No. 1, no notice could have been lawful and validly issued by the respondents under the provisions of section 5(2), 6, 7(1), 8 and 9 of the Ordinance No. 24 of 1970, the notice having been..
Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......desh as defendant No. 1 contested the suit by filing a written statement stating, inter alia, that the ‘A’ scheduled properties belonged to the recorded Hindu owners and the same according to the provisions of East Bengal Act XXIV of 1965 became enemy properties and the same vested in the Deputy..Category: Property Law | Date: | Hits: 23
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430....... employees of the Respondent No.4, who are members of the petitioner union comes under the purview of the Ordinance as “worker” and “workmen” and that no reason or ground arose to attract the provisions of section 10(1) of the said Ordinance, calling for taking steps under section 10(2) of t..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......s, Excise and VAT Appellate Authority under section 169A and without exhausting the procedure cannot file the Writ Petition at this stage. It is also asserted that the petitioner has violated various provisions of the Customs Act for which an inquiry is being conducted under section 13 of the Custom..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......tention of the learned Advocate for the plaintiff in respect of his application for withdrawal of the suit with permission to sue afresh on the same cause of action. I have also examined the relevant provisions of law and some decisions cited at the bar in this connection namely, decisions reported ..Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......e entry of the police within the campus was not illegal rather the entry was to secure and maintain law and order and tranquility in the locality. This action, according to us, is permitted under the provisions of Article 41 of the Constitution.
10. Now, what the petitioners are challenging is th..
Category: Property Law | Date: | Hits: 25
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