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Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....hose accounts. 23. Dissolution of marriage through '‘khula’' and 'Mubarrat' have been well established since the early days of Islam. 24. The Dissolution of Muslim Marriage Act, clarify the provision of Muslim Law, enumerates the various grounds for dissolution of marriage. Sub‑section (...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imÂprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......r a period of 30 days from the date of service thereof purportedÂly under section 3(2) of the Special Powers Act, 1974 for allegedly preventing him from endangering public safety, for maintenance of law and order and from causing prejudice to the economic and financial interest of the State. The gr..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....the learned Advocate does not supÂport his contention that section 16 clause (d) read with section 17 will govern the instant case. 12. Section 16(d) of the Code of Civil ProceÂdure is a general provision whereby all types of suit involving determination of any right to or interest in immovable......me of his lands by a deed of heba, which is situated in Mouza Jagabandhu within Upazila Ramgati, District Laxmipur to his two daughters. For this purpose he entrusted the defenÂdants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in or..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ing makÂing of award and signing thereof is given to the parÂties. From the date of receipt of such notice the award is to be filed in Court within 90 days. Mr. Md. Khalilur Rahman relying upon the provisions of section 14(1) of the Arbitration Act submits that since the fact of passing and signin......ore) 591. In that case relying upon the decisions reported in AIR 1944 (Lahore) 398, AIR 1955 Punjab 145 and AIR 1945 Bombay 417, it was observed as follows:- "The brief history of the arbitration law which has been given above clearly shows that the words "the date of service of the notice of th..Category: Procedural Law | Date: | Hits: 93
....liabiliÂty of the insurer on account of inherent vice of the subject-matter is also qualified by the words "unless the policy otherwise provides". This indicates that a policy may contain a contrary provision. Section 55 (2) (C) being qualified the parties will be governed by the contract itself. T......t submits that the legal questions raised by the learned Advocate for the apÂpellants are not at all relevant for the purpose of this case.
7. He further submits that on proper consideraÂtion of law and fact the trial Judge has passed the judgment in this case and as such the same need not be i..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
....1989 the petitioner Company was under bona fide belief that the mortÂgage deed is to be registered with the Registrar of Joint Stock Companies after its registration is comÂplete in accordance with provision of section 60 of the Registration Act. The petitioner Company on 29.1.1989 for the first t...... and sea foods of any nature or type whatsoever whether inÂland, off-shore or in the high seas within the ecoÂnomic zone of Bangladesh and within such permissible limits as may be allowed under the laws of Bangladesh and other applicable International TreatÂies and practices and to carry on the b..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....eased out by the Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedÂings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would i......he Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedÂings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would incur unÂneces..Category: Procedural Law | Date: | Hits: 82
....drawing up of a departmental proceeding. But in the meantime, on the basis of the enquiry report headed by Joint SecreÂtary, the petitioner was dismissed from service with immediate effect under the provisions of MLO No.9 of 1982 which was communicated to the petitioner as contained in Order No. DS......f this Proclamation, make, by order, such provisions as he deems neÂcessary or expedient and every such order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force."
11. It is conceded by the learned Advocate for the petitioner a..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......hter Hossain, but due to maladjustment Akhter Hossain and his wife Julie left Sirajul Islam’s house and went to Julie’s father’s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his prob..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Court below is competent enough to examine any witness or to take any evidence as..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......er dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one a..Category: Procedural Law | Date: | Hits: 94
....™ lockers in as much as there is no accusation, allegation or complaint against the petitioner No.5 and her husband in any police station for which an enquiry or investigation is being made under the provisions of the Criminal Procedure Code by the police or by a Magistrate or by any other courts an......sions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10)
Cases Referred to-
Arab Bangladesh..
Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... by the learned Deputy Attorney General for the state, let us now see whether the complainant has field the case before the learned Chief Metropolitan Magistrate, Rajshahi strictly complying with the provision of law envisaged under sections 138 and 141 of Negotiable Instruments Act and whether the ......us the allegation brought against the accused petitioner is purely civil in nature for realization of money and, as such, the instant CrimiÂnal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nged. 4. Facts are almost similar in all the petitions. Fact of the Writ Petition No.1264 of 2011 is that the petitioner submitted his income tax return for the assessment year 2007-2008 under the provision of section 82BB of the Income Tax Ordinance 1984 within the statutory time. The concerned ......it Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common quesÂtion of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......dent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....ection 8 provides for penalty when the film does not show the mark of the authority or which has been altered or tampered with in any way since such mark was affixed thereto, or contravenes any other provision of this Act or the Rules made thereunder, shall be punishable with imprisonment for a term......yer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following langu..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......ossession under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of the possession. 11. It appears in the present case that the claim ..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....resent Rule. 5. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner, supports the Rule and submits that the learned Judge of the Adalat without complying with the mandatory provisions of law prescribed in Ain 2003, sentenced the petitioner, which is required to be declared......Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the resp..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....4, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without disclosing the allegation of fact con......da Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a p..Category: Criminal Law | Date: | Hits: 137
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