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.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......he incumbent duty of the Adalat to accept the said account payee/bearer cheque as a security deposit for preferring revisional application against judgment and decree of the appellate Court under the provisions of section 42(1) of the said Ain. The learned Advocate goes to argue that in rejecting th..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......he record failing which the learned Judge of the trial Court shall take appropriate step for securing his arrest and commit him to jail to serve out the remaining part of the sentence. In view of the provisions laid down in section 35A(1) of the Code of Criminal Procedure, the total period the appel..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ....... 10. Mr. Md. Nizamul Huq, the learned Advocate appearing for appellants in Criminal Appeal No. 4288 of 2003, without going into the merit of the appeal, at very outset submits that in view of the provisions laid down in section 6 of Druto Bichar Tribunal Act, 2002 Government by Notification in t..Category: Criminal Law | Date: | Hits: 33
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....ceedings thereof and he had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in his absence in violation of the mandatory provision of law suppressing summons and other notices holding the trial in absentia. He f....... 18. The procedures though appear to be merely procedural, are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mandatory provisions of law and not merely procedural and if not followed in full, it will render all subseque..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......irector right to refuse registration of transfer of shares in a company. In the case of Shoaib (Md) Vs. Uttara Bank Ltd. and another reported in 43 DLR 329 the company court held that in spite of any provisions in the Articles of Association providing the directors absolute and uncontrolled discreti..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... been invested with powers of Civil Court, and the procedure before the tribunal would be same as before an ordinary Civil Court. After quoting the rule 47 and 48 his Lordship has observed- "These provisions imply that if any appeal is provided against the decision of an Election Tribunal, it mus..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......pears that the accused had no undue advantage in her matter. Be that as it may, on a careful consideration of the facts and circumstance of the case and the evidence on record and also the relevant provisions of law, we are of the view that the alleged offence committed by this appellant Momin M..Category: Criminal Law | Date: | Hits: 52
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......the offence committed by the petitioner. He also referred me to the case of Jahangir Hossain Vs. The State, 7 BLD 366. Before I embark upon the discussion of the decision, I like to examine first the provisions of section 237 of the Code of Criminal Procedure. From a careful reading of the provision..Category: Criminal Law | Date: | Hits: 26
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46....... least make out an offence under Article 37(1) of P.O. 128 of 1972 which is in very wide terms. 7. To dispose of the 1st submission of the learned Advocate for the complainant, we have perused the provisions of Article 37(1) of P.O. 128 of 1972 by which willful making of false statements in certa..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......oration (Respondent No. 1. in this appeal) put the decree into execution on 19.3.86 in the Second Court of Subordinate Judge, Chittagong being Money Execution Case No.3 of 1986 in accordance with the provisions of Rule 11(2) of Order 21 of the Code of Civil Procedure. 4. On 19,3,86 plaintiff-decr..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......ioner has annexed the charges he received (Annexure E) dated 9.12.86. 6. As the submission of Mr. Moinul Hossain, learned Advocate for the petitioner, is based on an interpretation of the relevant provisions of the Second Statutes of the University, namely, the Engineering and Technological Unive..Category: Criminal Law | Date: | Hits: 74
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....91 of the Code of Criminal Procedure the petitioner has challenged the detention of his elder brother Daulat Ahmed upon the ground that the detention was illegal, unauthorised and in violation of the mandatory provision of the Special Powers Act and has sought immediate release of the detenu. 2. ...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... he may upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance." 6. Mr. Ahmed submits that even the provisions of Order 9, rule 7 are not applicable to the facts and circumstances of the case. He subm..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......e rights of the sole depositor or, as the case may be, of all depositors, in relation to such deposit to the exclusion of all other persons. (2) Payment by a banking company in accordance with the provisions of this section shall constitute a full discharge by the banking company of its liability..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ed that the appeal ought to have been filed within 30 days from the date of decree excluding the time consumed in taking the certified copy of the judgment and decree. It is also submitted that it is mandatory to deposit 50% of the decretal amount with the Adalat before preferring the appeal which h......y auction or by tender or in such other manner as provided for in the agreement shall be entitled to prize amount shall be deemed to be, a financial institution as defined in this clause. 12. This provisions of the Ain was of course subsequently deleted and the new sub-section (6) has been incorp..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......e is appearing as Attorney-General appeared on behalf of the Government in view of the fact that a notice of this application was given to him and he found that questions of interpretation of several provisions of the Constitution are involved in this case and, as such, he felt that he should appear..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ...... him which can by no means be a ground for detaining the detenu under the Special Powers Act. It has further been asserted that the detaining authority has detained the detenu in contravention of the provisions of Articles 31, 32, 33, 35 and 36 of the Constitution. 3. By way of a supplementary af..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11....... the Juvenile Courts and the concerned Law enforcing agencies. Prosecuting agencies and legal Aid Committees be directed to take immediate steps in the matter. (2) Taking into consideration of the provisions of Sections 82 and 83 of the Penal Code. It is directed that the Government do consider m..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......f and, as such, the appeal preferred by him against the decision of the Election Tribunal is incompetent and liable to be dismissed on the preliminary point of maintainability. Article 51 contains provisions for preparing an election petition before the Election Tribunal. We may quote Article 51,..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......om the arguments put forward by the learned Advocates for both the sides it appears to us that the question is a very complicated one as the law itself is not clear on this point. We have perused the provisions of section 138 of the Act but we do not find anything from which we can arrive at a concl..Category: Criminal Law | Date: | Hits: 35
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