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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....heir respective constituencies as members of the Parliament in the general election held in the year of 1991. The respondent Nos. 3‑5 took oath of office as member of the Parliament to abide by the provisions of the Constitution with a view to representing the people of Bangladesh and further boun....... 4 Mr. Moudud Ahmed has stated in the affidavit-in-opposition to the supplementary affidavit filed by the petitioner that if the respondent No. 4 has ceased to be a member of the Parliament then the law will operate on its own motion and the Speaker and the Parliament Secretariat are the authoritie..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....n-opposition denied the allegation of anomaly created by inclusion of such members in the Selection Board. They stated that nomination of the members of the Selection Board was in accordance with the provision of section 23(1) of the First Statute of the University and Article 53 of the Dhaka Univer......-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of ..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....port was lodged in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 has been v......ed in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 has been violated as th..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
.... except after obtaining a licence for that purpose from the Collector in such form as may be prescribed by rules made under this Ordinance. (2) Any hat or bazar established in contravention of the provision of sub‑section (1) including the land on which such hat or bazar is established and all ......8. Mr. M Shamsul Alam, the learned Advocate appearing for the plaintiff‑petitioner, strenuously argues that since the Additional Deputy Commissioner, (Revenue), Barisal neither appeared through any lawyer by filing vokalatnama nor contested the suit by filing any written statement, he was not comp..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....e petition and when the Returning Officer and Assistant Returning Officer were made parties the petition cannot be maintained as according to the learned Advocate it is the violation of the mandatory provision of Article 50 of the Order. His next submission is that in the prayer portion also there i......record of any case which has been decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may m..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
.... employees in 3rd category is relevant for our purpose. It stipulates that 50% those employees who held non-gazetted posts for 10 (ten) years or more may be brought into regular establishment. This provision did not stipulate that only once this regularisation could be made. 44. After independe......4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged temporary employees o..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....ument to show that the two defendants were ever consenting parties in spending the alleged amount for establishing the cattle market. In this regard, it is very pertinent and relevant to refer to the provisions of the Ordinance. Sub-section (1) of section 2 of the Ordinance has prohibited establishm......fendants; hence this petition for Leave to Appeal to this Division. 9. Mr. Qumrul Islam Siddique, learned Counsel, appearing for the petitioner, has submitted that the High Court Division erred in law in passing the impugned judgment and decree inasmuch as it, being the last Court of fact, did no..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
.... years from the date of knowledge of the plaintiff and the lower appellate Court in not deciding the question of limitation independently the judgment of the lower appellate Court is violative of the provision of Order 41, Rule 31 C.P.C. The contention that no issue on benami transaction having had ......e trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sending the case on remand to the trial Court. Secondl..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312....... in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoning of the trial Court and as such committed an error of law. He further submitted that Exts. e and e(1) being deposition of the witnesses in a suit is publi..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
.... 41. Appellate Division in the case of Mostafa alias Dayemuddin Vs. State reported in 61 DLR (AD) 150 has observed as under: "It is now a settled law that before an accused can pray in aid of the provisions of Exception 4 to section 300 of the Penal Code, all its ingredients must be satisfied to...... Ali in his evidence stated that hearing hue and cry went to place of occurrence and tried to enter into the room but failed as the door was closed. Later one Belal on the permission of the mother-in-law of the landlady going to roof top and opening the tin entered the room and opened the door. Then..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....35) on October 15, 17, 18 and November 5, 6, 8, 2006 giving the identity of the buyers of the shares. By a letter dated 5-12-2006, the petitioner-company requested respondent No. 7 to comply with the provisions of the Memorandum and Articles of Associations of One Bank Limited. 4. By a letter dat......xchange Ordinance, 1969 as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....vidence is received." 12. In this connection in another decision reported in 19 DLR 573 it has been observed that, ‘‘The child of over 10 years of age is not tender age and for that matter the provisions of section 118 of the Evidence Act do not apply in this case. ‘‘Further in the case o......ailants, we have to see whether the victim was actually in a position to recognize the assailants and disclose their names after the occurrence. It is well‑settled that there is no absolute rule of law or even a rule of prudence which has ripened into a rule of law, that a dying declaration unless..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....secution to that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.” 34. To decide whether in a particular case provisions of section 149 is attracted, it is to be proved that the accused was a member of an unlaw......gachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully trespassed into the said Dighi and started planting banana plants on the western side of th..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......e was held in this case. Mr. Khasru, lastly, submits that in the circumstances the impugned order of conviction and sentence, so far as it relates to the above named appellants, is not sustainable in law and their Appeals are liable to be allowed. 12. Mr. Md. Khairul Alam, the learned Advocate ap..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....d the present Rule. 3. Mr. Golam Mostafa, the learned Advocate appearing on behalf of the petitioner, submits that the learned Munsif erred in law in passing the impugned order in disregard of the provision of Order 9 rule 9 of the Code of Civil Procedure and the same has occasioned failure of ju...... the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial in accordance with law and in the light of the observations made in the body of the judgment. After the suit was sent b..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......nocent having no involvement with the alleged offence as alleged in the First Information Report. 4. It is the further case of the petitioner that informant influenced the local administration and law enforcing agencies as well as the police to harass and humiliate the petitioner. So he has been ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....her period of 3 months with effect from 3-6-98 by order dated 31-5-98. 5. Learned Assistant Attorney-General while challenging the Rule contended that since the detenue is being detained under the provisions of section 3 of the Special Powers Act in view of the provisions of sub-section 491 of th......g the respective submission it is necessary to quote the provisions of sub-section (3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. There is no dispute that dete..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....ommission as the authorised officer against the respective First Party accused persons quoting extracts from the report dated 27-3-97 submitted by a Enquiry Committee constituted by the SEC under the provisions of section 21 of the Securities and Exchange Ordinance, 1969 (Ordinance XVII of 1969) her......gment in those cases opining that the said complaint cases are liable to be quashed on the grounds (1) that Mr. MA Rahsid Khan, Executive Director was not legally authorized and the provisions of the law were not complied with (2) that there was no application of mind by the CMM in taking cognizance..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....ot take delivery of the goods within 5 days from the landing of the ship, the defendant No.3 had no liability in the matter and reliance was placed on section 50A. The learned Judges did not find any provision for removal of the goods within 5 days. Section 50B mentions about removal of goods within...... application. Further, it was held that the defendant cannot take advantage of section 161 of the Contract Act in view of the fact that they have not taken proper care of the goods as required by law under section 151 of the Contract Act. In this view, the High Court Division allowed the appeal ..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....e under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Committee had acted without jurisdiction inasmuch as the committee did not comply with the provision of Public Conduct (Screening Ordinance III of 1959). In this view of the matter the suit...... No.431 of 1968. A Division Bench of the High Court Division came to the conclusion that the suit was rightly decreed inasmuch as the enquiry by the Screening Committee was not in accordance with law and therefore: "Its finding and recommendations are bad in law and any order of the Authori..Category: Employment/Service Law | Date: | Hits: 196
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