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Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......forward at the time when the evidence was recorded does not prevent the court from accepting it, if the plea gets support from the prosecution evidence. 20. The basic assumptions underlying the law of private defence relevant in this case are that under section 97 of the Penal Code every perso..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....the parties to the arbitration agreement from agitating the question relating to arbitration in any manner other than that provided by the Act and it prohibits the filing of a suit for setting aside, amending or modifying in any way an award. Sections 31 and 32 of the Arbitration Act bar any suit to......e 11 (d) of the Code of Civil Procedure. 5. It is submitted by Mr. Dewan AMS Zaman, the learned Advocate Appearing on behalf the plaintiff-appellant, that the learned Subordinate Judge erred in law in holding that the suit was barred under Article 158 of the Limitation Act. The learned Advocat..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of l..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414....... the learned Advocate appearing for the petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention i..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......the Gazette Notification made by respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in hi..Category: Election Law | Date: | Hits: 216
....t, 1988, enacted on 24.5.88, that the Administrative Appellate Tribunal shall have the power to punish for contempt of itself and the Administrative Tribunal. The new section 10A inserted by the said amending Act is as follows:-
"10A. The Administrative Appellate Tribunal shall have power to puni...... our Constitution contained in Part VI, Chapter III deals with Administrative Tribunals. Article 117 is as follows:-
"117. (1) Notwithstanding anything herein before contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......of Directors as stated in paragraph 7 of the petition refers to the Hon'ble High Court's decision in the case reported in 39 DLR 1987, 1. Referring to that decision Mr. Zakir Ahmed has submitted that law in this regard has been spelt out by the Division Bench of this Court in the case of Bangladesh ..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ...... in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appe..Category: Criminal Law | Date: | Hits: 97
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......o why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petitioner is the wife of the dete..
Category: Criminal Law | Date: | Hits: 100
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
...... in the service of the Republic:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......udgment and decree passed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of evidence already on record and observation made therein. The teamed District Jud..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant No.3 the Trustee of the Port of Chittagong and the lower appellate Court erred in law in decreeing the suit against the defendant No.3, the appellant. He further contends that there ..Category: Business or Commercial Law | Date: | Hits: 397
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......xure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in poss..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......risdiction on this Court to give a finding of fact on a matter which is basically an election dispute and on which a finding can be arrived at only after taking evidence by a special forum created by law to adjudicate upon disputes of this kind. We, therefore, cannot give any opinion or finding as t..Category: Election Law | Date: | Hits: 215
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......2-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Ba..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ...... notice being not given with reference to Bengali calendar month and also being not issued terminating the tenancy with the expiry of Bengali month the said notice is not a valid notice in the eye of law and, as such, in the absence of valid notice, the plaintiff was not entitled to get a decree of ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......02 of the Penal Code against the appellant and proceeded with trial in absentia, as the appellant was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......e the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and the charge brought ag..Category: Criminal Law | Date: | Hits: 111
....desh and that the said provision being violative of the fundamental rights of the petitioner, guaranteed under Articles 27, 29 and 31 of the Constitution, is unconstitutional. It is stated that the amending Ordinance, 1989 is a mala fide piece of legislation, because there was/is neither any popul......and 31 of the Constitution, is unconstitutional. It is stated that the amending Ordinance, 1989 is a mala fide piece of legislation, because there was/is neither any popular demand nor any warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected t..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......d Commercial Court No.1, Dhaka had no jurisdiction to entertain the certified copy of the decree in question. So the learned Subordinate Judge and Commercial Court No.1, Dhaka committed no error of law in passing the impugned order. In this connection Mr. Kh. Mahbubuddin Ahmed, the learned Advocat..Category: Procedural Law | Date: | Hits: 168
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