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Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....red and accordingly as per provisions of Section 6(5) of the Criminal Law Amendment Act, 1958 it will be deemed that sanction was duly accorded but the learned Senior Special Judge did not follow the mandatory provisions of law and accordingly, refused to take cognizance against the public servants.......ellant that "the record shows from the date of writing to the Government for according sanction to take cognizance against the accused who were public servants, 60 days expired and accordingly as per provisions of Section 6(5) of the Criminal Law Amendment Act, 1958 it will be deemed that sanction w..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ......statement, the evidence on record and the judgment and decree passed by the learned Assistant Judge   and the impugned judgment and decree passed by the learned Subordinate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 and 87 of t..Category: Property Law | Date: | Hits: 24
.... in question was not sold due to non availability of the auction purchaser. Therefore, the contention of the learned Advocate for the petitioner that no attempt was made to sale the property as per mandatory provision of section 34(9) of the Ain, 2003 by the respondent No.2 before passing the impu......ahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin Adalat Ain, 2003. The respondent-bank filed Artha Rin Suit..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......titioners have written the letters to the Speaker, who is under the constitutional obligation, to refer the matter to the Election CommisÂsion under Article 66(4) of the ConstituÂtion read with the provisions of Act 1 of1981 for the determination of the disÂpute. 9. It is further stated that t..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....id Chemical Laboratory does not arise at all. It is also stated that the Government is not bound to absorb all the employees of that project to the revenue budget as per project proforma. There is no mandatory commitment to the petitioners revenue budget. The last circular of the government shall pr...... others Vs. Government of the People’s of Bangladesh and others, their Lordships held that :- “Admittedly the appointments of the petitioners in both the writ petitions were made under the provisions of the project proforma (PP) as evidenced by Annexure’a’ of both the writ petitions. ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... Parliament raised two substantive points of order in the Parliament as regards the membership of the concerned members. After considering the facts and circumstances of the said points of order, the provisions of the Constitution and the Rules of Procedure of Parliament the Speaker disposed of the ..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......h under chapter XXXIX and for the convict under Section 426 of the Code of Criminal Procedure. 15. The learned counsel lastly submits that since the respondent has already been conÂvicted the provisions of Sections 496 to 498 of the Code of Criminal Procedure are not applicable in his case a..Category: Others | Date: | Hits: 106
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......008, rejecting the petition summarily filed under Article 102 of the Constitution. 2. The facts leading to the filing of the writ petition are that the Agrani Bank Limited filed a suit under the provisions of the Artho Rin Adalat Ain, 2003, against M/S. Oyester Fashion Limited and others, prayi..Category: Banking Law | Date: | Hits: 77
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......and 8(a) of the Act, but has also allowed regisÂtration of almost identical trade mark in the application Nos. 4638, 35138, 36566, 45164, 45284, 45285 and 56085 in class-30 in gross violation of the provisions of the Trade Mark Act, 1940 which show that the Registrar has no respect for the law of w..Category: Intellectual Property Law | Date: | Hits: 273
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......ent No.8 contested the rule nisi by filing an affidavit-in-opposition. Its case is that Faridpur District Minibus Owners Group is a different Trade Organization which group obtained licence under the provisions of Trade Organization Ordinance, 1961. The writ petitioner was selected as President of t..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......on 25.04.2008 fixing the date on 14.05.2008 for auction for selling the petitioner's allotÂted plots, standing factory building along with machineries, apparatus, laboratory equipments violating the provisions of Sections 12(3), 69 of Transfer of Property Act, 1882 and also the relevant clause of a..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......nd not to sell the machinery without following proper and legal procedure of sale to fulfill malafide intention of the officer of the respondent bank. In fact respondent bank was liable to follow the provisions as laid down under section 33(1) of the Artha Rin Adalat Ain, 2003 providing for fair and..Category: Banking Law | Date: | Hits: 84
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......t is within its jurisÂdiction (b) the case is one in which the Court ought to exercise jurisdiction, and (c) in exercise of jurisdiction the Court has not acted illegally, that is, in breach of some provisions of law, or with material irregularity by committing some error of procedure in Course of ..Category: Property Law | Date: | Hits: 20
....investigation cannot be completed within 24 hours; and
(b) If there are grounds for believing that the accusation or information received against the person is well‑founded.
19. These are the mandatory provisions of the law. So, while producing a person arrested without warrant before the Ma......ed due to sweeping and unhindered power given to a police officer under section 54 of the Code.
The power given to the police officer under this section, to a large extent is inconsistent with the provisions of Part III of the Constitution. In view of this position, such inconsistency is liable t..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......ng an enemy property, erred in law in holding that the Government under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of section 52 of the Transfer of Property Act wrongly held that the purchase of the appel..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......mission investigated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinÂion that he had committed offence punishable under the said provisions of law and accordingly submitÂted a police report re-commending for prosecution of the a..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....nt and order of the High Court Division and other papers on record. 18. The learned Advocate submits that while examining the petitioner under Section 342 of the Code of Criminal Procedure the mandatory requirement were not followed. That at the time of examination under Section 342 of the Co....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.....37 of 2007 dismissing the appeal and thereby affirming the order No.25 dated 06.02.2007 passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Class Suit No. 346 of 2005 granting mandatory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amendÂing the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount o..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......ur Court, Dhaka the High Court Division held that Inland Water Transport Authority being a statutory body of the Government was not created for any busiÂness purpose to gain any profit therefrom and provisions of Employment of Labour (Standing Order) Act is not applicable to such authority.
15. ..
Category: Labour and Industrial Law | Date: | Hits: 110
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