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Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....e criminal proceeding against the petitioner is an abuse of the process of the Court and the same is liable to be quashed. 10. To appreciate the contentions raised it will be useful to examine the provisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code pro......versal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non potest which means that “when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....d Assistant Attorney-General, on other hand, appearing on behalf of respondents No.1 by filing affidavit in opposition opposes Rule and submits that the petitioner is legally bound to comply with the provision of Rule 12(1) of the VAT Rules for changing its name and on that score refusal on the part......ng পত্র নং ৪র্থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....ি পত্রে নেই।” 55. These assertions of P.W. 10 prove that he recorded the confessional statement of convict Abul Hashem in a very mechanical and casual manner violating the provision of section 164 of the Code of Criminal Procedure. The recording Magistrate did not make an......lling down on the bed from sitting condition. She found blood, beside the right hand and cut on his waist. She pressed the injured place by her ‘sharee’ and 'blouse' and thereafter his brother-in-law Ohid Miah came to the room and asked her about the occurrence. In the meantime, so many neighbou..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ation under Order VII, rule 11 of the Code of Civil Procedure. In the circumstances allowing the suit to proceed will not only be abuse of process of Court, but it will also be defence of mandatory provision of section 11 of the Code of Civil Procedure. This provision of law clearly bars the prese......d in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 27-7-1999, rejected the said app..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....e and the treatment he needed is not available inside the jail. Due to prolonged detention the condition of his health has been deteriorating and he is being kept in custody in gross violation of the provisions of Jail Code and Human Rights. The petitioner applied on a number of times, to the Chief ......e above, we find that the objection raised by the learned Deputy Attorney-General has no substance and we hold that this application is maintainable. 6. Mr. Mahabubur Rahman submits that he is the lawyer of the present petitioner who is an accused in jail killing case, namely, Lalbagh PS Case No...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....payable by the defendant-respondents, it is necessary to refer to clause 23 of the standard lease agreement of DIT at page 222 of the paper book, part-II which reads as under: "23. That subject to provisions of Clause 22 of these presents the LESSEE may, after full payment of the total premium ha......d Advocate for the defendant-respondents, on the other hand submits that since the plaintiff-respondents had to file the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those ..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..
Category: Property Law | Date: | Hits: 85
....e Village Courts Ordinance, 1976 and consequently an ordinary civil Court has/had no jurisdiction to entertain and try the suit.
6. To elaborate his argument Mr. Reza-e-Murshed Kamal refers to the provision of section 3 of the Village Court Ordinance, 1976 which reads as follows:
“(1) Notwit......ocates for the parties and the learned Assistant Judge, who tried the suit, missed this vital point which determines the jurisdiction of the Court.
7. The jurisdiction of the Court is conferred by law and it never depends upon the consent of the parties. It is thus evident that the learned Assist..
Category: Property Law | Date: | Hits: 86
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....ons in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree- (a) for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may be, of the Negotiable Instruments Act, 1881,...... suit; that Court may either entertain the suit and try it or require the plaintiff to obey section 15 and return the plaint. There is no doubt that this decision correctly enunciates the position of law as to the adoption of summary procedure on negotiable instruments and the choice of the plaintif..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....alike bag, specially made for carrying the same, tied round his waist. They also recovered some drugs and cosmetics from his suitcase and carton. As the petitioner did not make any declaration as per provision laid down in Rule 3(5) of the Passenger (Non-tourist) Baggage (Import) Rules, 2000 (hereaf......2003 corresponding to GR Case No.103 of 2003 under section 25B of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......mple perusal of the confessional statement quoted above, it appears that the accused Niranjan Malaker did not implicate himself in the alleged murder. No overt act was pleaded even. Therefore, as per law, we must hold that the confession made by accused Niranjan Malaker is exculpatory in nature. Thi..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
.... innocent and that he has been falsely implicated in this case and that the first information report did not disclose any offence of section 165A of the Penal Code and that no inquiry was held as per provisions of Anti-Corruption Commission Rules and that the investigation of the case was not held a...... order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the said proceeding should not be generally interfered with at an interlocutory stage. 12..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e said notice was actually served upon the petitioner and that the instant proceeding was initiated on 24-7-2007 after expiry of 4 months 20 days from issuance of the said notice which is against the provision of law. 6. He further submits that the second notice was served upon the petitioner on ...... was actually served upon the petitioner and that the instant proceeding was initiated on 24-7-2007 after expiry of 4 months 20 days from issuance of the said notice which is against the provision of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....dent No.1 District Co-operative Officer, Cox’s Bazar raising a dispute for its settlement since the dispute touches the business and affairs of a co-operative society with another society under the provision of section 86 of the Co-operative Societies Ordinance, 1984 (Ordinance No.1 of 1985) herei......o.1 in the writ petition issued under the authority of the Memo No. Section--1/IS/-74/88(9)/2132/1(3) dated 20-7-19 88 passed by the respondent No.2 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts, in brief, are that the petitioner is a ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
.... of the President’s Order 155 of 1972 starting with Article 49 and ending with Article 72 deals with election dispute and provide law for different stages of Parliamentary Election. Therefore these provisions are required to be read with Article 125 of the Constitution dealing, among others, with ......tification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ential relief. The learned Advocate also submitted that the decree as passed being unenforceable is a nullity. 4. Mr. Nurullah in elaborating his submissions on the dismissal order referred to the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 which is also applicable f......ll arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....nstant case the pertinent question would be whether sale of properties which are trust properties can be directed by this Court under section 28 of the Administrator General's Act, 1913, or under the provisions of the general law of the land, if not specially given so by the trust instrument. It has......ving interest of the said trust Estate was acquired by the Government during wholesale acquisition along with excess khas land and 100 bighas of khas lands were allotted to the trust Estate under the law and it is stated that out of that 100 bighas most portion comprises barren lands and small khal...Category: Trust/Waqf Law | Date: | Hits: 166
....ctions 3 and 5 to 8 of the Ordinance. Secondly, sections 2(9) and 2(10) read with section 7(8) of the Motor Vehicles Ordinance, 1983 not having designated a driver as "Truck Driver" and as in view of provisions of section 2 (15) (9) (22‑27) of the Motor Vehicles Ordinance no driving licence can be...... September 1,1987, setting aside the order of the respondent No.3 passed on March 30, 1986, refusing to register the Pabna Zila Truck Chalak Union should not be declared to have been made without any lawful authority and is of no legal effect.
2. The opposite party 4, the President and the opposi..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....nd the 7th Annual General Meeting held on 31.12.87, 8th Annual General Meeting held on 26.1.88 and 9th Annual General Meeting held on 31.12.89. It is stated that though the notices were issued as per provisions of Articles of Association, the petitioner Nos.1 and 2 willfully and with mala fide inten...... “ 6) Mrs. Rehana Ahmed = 900 “ 7) Mrs. Shahana Ahmed = 900 “ 8) Mr. YWA Chowdhury (Son‑in‑law of Respondent No.2) = 250 “ 9. Mr. Fazlul Karim(fami..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....t was issued and so one of the conditions necessary for application of the said section is absent. Before amendment of the Code of Criminal Procedure by Ordinance No.XXIV of 1982 there were different provisions for trial of summons cases and warrant cases. Chapter XX was for trial of summons cases a......ainant-appellant preferred the present appeal. Mr. Nurul Islam Chowdhury, the learned Advocate, appearing for the complainant-appellant, submitted that the learned Magistrate committed an error of law in acquitting the accused-respondents under section 247 of the Code of Criminal Procedure as tha..Category: Procedural Law | Date: | Hits: 85
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