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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
.... that trial Court, by cogent reason decreed the plaintiffs claim for declaration of title and confirmation of possession. It is further submitted that the learned lower appellate Court misapplied the provision of section 28(2) of the Registration Act in disregard of the fact that kabala Ext. A was r......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947 by plaintiffs' predecessor Md. Rawshan Ali Shaikh ..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
.... may be, with the approval of the Election Commission, a day for a fresh poll; and (c) fix a place or places at which and the hours during which such fresh poll shall be taken." From this provision of Rule 29 it is clear that if the poll at any polling station is interrupted of obstructe......o found that recounting was done by the Tribunal illegally, and that there was no polling at the two centres of Mirzapur High School and Mirzapur Union Parishad after 3‑00 PM, committed an error of law in dismissing the election petition and not ordering re‑election in these two centres. 6..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......with a view to his taking an action under CrPC that some persons whether known or unknown, has committed an offence, but it does not include the report of a police officer. That being the position of law this appeal is also incompetent under section 417A(2) CrPC. For the reasons stated above, ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....ident's Order No.26 of 1972 which have not provided any special remedy. He relied on Article 3 of the President's Order No.26 of 1972 in support. On the strength of this Article he contended that the provisions regarding termination and dismissal as embodied in sections 17, 18 and 19 of the Act have....... Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this judgment. 2. The facts whi..Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......unt and brother of the aunt and her mother told that accused had caused the injury. She was examined by the police. She admitted in her cross‑examination that Abul Kalam Azad was her brother‑in‑law. On 16.12.88 her sister Konok wrote a letter to Azad. She cannot remember that Abul Kalam Azad w..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......lication under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and c..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......nd Mr. SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said J..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....he number of lawyers to be engaged by the accused persons. The learned Sessions Judge has referred to section 352 of the code of Criminal Procedure for passing such an order. We have gone through the provisions of section 352 of the Code of Criminal Procedure. It appears to us that this is not at al......some material papers including statements of some of the accused made under section 164 of the Code of Criminal Procedure and their statement of retraction and subsequently limiting number of defence lawyers for this accused. 3. The learned Advocate for the petitioner has agitated three points na..Category: Criminal Law | Date: | Hits: 121
....ed and that not having been done in this case respondent 1 passed the impugned order upon misconception of law.
4. The contentions of Mr. Md. Abu Bakr Siddique requires examination of the relevant provisions of law in this regard. A reference to section 95A of the State Acquisition and Tenancy Ac...... reconveyance of the property transferred under a registered document the respondent 1 acted without the authority in making the impugned order. Secondly, respondent 1 illegally upon misconception of law passed the impugned order. Thirdly, it is not necessary that the instrument for reconveyance mus..
Category: Property Law | Date: | Hits: 95
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....r after taking cognizance and before commencing prosecution of the accused person. Provisions of earlier section 4 of the said Act provide for taking cognizance of the offence against the accused and provisions of later section 6 of the said Act provide for obtaining sanction for prosecution of the ......evision No. 3670 of 1991. Judgment Kazi Ebadul Hoque J.- These two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two diff..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....he learned Magistrate then took cognizance against the accused petitioners under section 188 of the Penal Code. 3. Two ground have been taken in this revisional Application. The first is that the provisions of section 195(1)(a) of the Code of Criminal Procedure was not followed and, as such the ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....ppear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or makes such other order as it thinks fit. 11. With regard to the implications of the provisions of Order IX, rules 6 and 8 and Order XVII, rule, the Supreme Court of Pakistan stated in ......judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the..Category: Procedural Law | Date: | Hits: 180
....ich has resulted in an error in the decision occasioning failure of justice.
5. For appreciation of the point raised by the learned Advocate for the petitioner it will be pertinent to look at the provision of section 9 of the Specific Relief Act which reads as follows:-
“If any person is d......ers that the learned Munsif, has acted beyond his jurisdiction in passing a decree for demolition of the structures raised by the defendants. Consequently the decision surfers from a grave error of law which has resulted in an error in the decision occasioning failure of justice.
5. For apprec..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......he abatement do not constitute a sufficient cause for setting aside an abatement under Order 22, Rule 9 (2) of the Code of Civil Procedure and as such the learned Munsif has committed an error of law in allowing the application. Mr. M. Shamsul Alam has, on the other hand, submitted that the lear..Category: Civil Law | Date: | Hits: 121
....er once at least in every calendar year and not more than fifteen months after the holding of the last preceding general meeting.
(2) If default is made in holding a meeting in accordance with the provisions of this section, the company and every director or manager of the company who is knowingl......ar, Joint Stock Companies to accept the return filed by Sylhet Pulp and Paper Mills Ltd., petitioner No.2 of its third annual general meeting held on 30.12.1984 should not be declared to be without lawful authority and why they should not be directed to accept the same.
2. The petitioner No.1 B..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....e I revert back to the Bangladesh Biman, Corporation Ordinance, 1977 the Government Servants (Retirement) Act, 1974, the Constitution, and the decision cited at the Bar I want to examine the relevant provision of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979. At the time of ......aka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been made without lawful authority and is of no legal effect on filing an application under Article 102 of our Constit..Category: Employment/Service Law | Date: | Hits: 361
....spondent No.3 appearing from the submission made by the learned Advocate for the respondent No.3 is that the order of dismissal was perfectly made according to law and in conformity with the relevant provisions of law and the Regulations, 1979.
5. Mr. Khondker Mahbubuddin Ahmed, the learned Adv......of dismissal. This order is at Annexure‑G to the writ petition.
3. The petitioner challenged the impugned order of dismissal and the subsequent decision of the Board as being illegal and without lawful authority being in violation of Regulation 12 of the Regulations, 1979 and being aggrieved by..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
.... taken in the 249th meeting of the Board of the Authority held on 31.7.90 in respect of the subject matter of Agenda No.3, that is, to dispose of the objection filed by the petitioners as against the provisional seniority list published on the 19.5.86 placing the petitioners an Assistant Engineer be......d of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No.1517 (Admn), dated 14.8.90 (Annexure‑H to the Petition), should not be declared to have been made and issued without lawful authority and of no legal effect and why a direction should not be given for canceling or wit..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117....... 115(1) of the Code of Civil Procedure. 12. Mr. AJ Mohammed Ali, the learned Advocate appearing for the plaintiffs‑appellants petitioners has submitted that the learned District Judge erred in law in rejecting the application dated 9.11.91 under section 151 of the Code of Civil Procedure whic..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....the opinion that there is ground for presuming that the petitioner has committed the offence charged with and framed the charge under section 242 CrPC. Therefore, according, to the Attorney‑General provision of section 241A CrPC having had been complied with the by the Special Judge, the charge fr......, correctness or validity is beyond the reach of jurisdiction of Courts." Gojendragandkar CJ at para 25 of the report dealt with the argument advanced by the Attorney‑General that the "approval" in law amounts to decision under Article 217 (3) because it satisfies all the requirements of the said ..Category: Criminal Law | Date: | Hits: 111
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