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....of service of workers employed in shops and commercial and Industrial Establishments and for matters connected therein. The first two of these acts were repealed by the said Ordinance of 1969 and the provisions of the repealed acts were consolidated after amendment and re-enacted in the said Ordinan......Appellant No.1 terminated the services of said Abul Bashar under Section 19(1) of the Employment of Labour (Standing Orders) Act 1965 and offered all the benefits to which he was entitled under the law. Notwithstanding the termination of his service, as aforesaid, the appellants continued to deal ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....ither to decide the issues himself, or to send the case back on remand for redetermination of the issues. The learned Single Judge chose first alternative, and he did so rightly, in accordance with provision of Section 103 of the Code. We like to observe that unless there is compelling reason, l......the Civil Procedure Code, to disturb the finding of the first appellate Court, it is now well established. The High Court can only invoke its jurisdiction under this section, if there is any error of law, or procedure committed by the first appellate Court, and such error has affected the merit of..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......t his cinema hall which is a funning concern. It has been argued by the State that on the date when the over-draft was granted there was no security. True, but the question is that there must be some law that says such granting of over-draft is a criminal offence and further the grantee of such over..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....b which is a member/affiliated Club of Bangladesh Rifle Shooting Federation, has an interest to see that nothing is done by the respondent no.1 in breach of the law of the land or in violation of any provision in the any agreement, prejudicing the interest of the Federation to which he had dedicated......signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as f..Category: Property Law | Date: | Hits: 159
.... R Vs. Department of Education and Employment , exparte Begbic (2000 1 WLR 1115), the Count of Appeal held that the claimant’s expectation could not be legitimate as the same would be contrary to a provision inserted in an Act of Parliament. The same view was also echoed by the Court of Appeal in ......8 to demolish the construction of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... be involved in the occurrence. However, the police arrested the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appell..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......fer rigorous imprisonment for ten years, as aforesaid. Challenging the said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to t..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....ian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 ("PO ......an-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said p..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....e Tax Ordinance, 1984; (b) Whether the Department could legally use the Inspector's Report against the assessee without affording him any opportunity to controvert the same; and (c) Whether the provisions of section 19(3) of the Income Tax Ordinance 1984 are at all applicable on the facts and ...... of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
.... Mia (late) represented by his legal heirs Golenur reported in 35 DLR (AD) 216. "8. The rent-receipts were excluded from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land ma......ring on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed error of law in passing the impugned judgment discarding the Rule of evidence. The evi..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....rned Officer of the Anti-Corruption Commission most hurriedly and at the behest of the then Government lodged this FIR without any sanction from the Anti Corruption Commission violating the mandatory provisions of section 32 of the Anti Corruption Commission Act, 2004. 6. He further submits that ...... The learned Advocate firstly taken us through the so called sanction for lodging the FIR (Annexure-L) to the petitioner. On plain reading it appears that it is not a Sanction at all in true sense of law. This is nothing but a request letter which is an follows:- “দুর্নীতি দ..Category: Criminal Law | Date: | Hits: 156
....onstruction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisions of section 12(c) of Antiquities Act, 1968 and article 24 of the Constitution of Banglades......cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisi..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......erating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more par..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....tution, we are of the opinion that the Full Bench, if constituted, should decide all issues raised in the writ petition, and particularly the issue where the Act 1 of 1996 has caused amendment in the provisions of Articles 48(3) and 56 of the Constitution requiring assent thereto through referendum ...... the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the people's awareness to guard against the violation of the Constitution and the rule of law. The petitioner seeks to impugned the Constitution (Thirteenth Amendment) Act, 1996 (Act No.1 of..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... enacted is arbitrary, malafide and unlawful inasmuch as it has taken away the fundamental rights of the petitioner to enjoy the property. He has further argued that in the Artha Rin Adalat Ain, 2003 provision has been made for settlement of the claim by negotiations and conciliation between borrowe......tution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....d accordingly we affirm the conviction of the condemned‑prisoner. 34. Now coming to the sentence as has been submitted by the learned Counsel for the condemned-prisoner, let us consider relevant provision of section 19 which reads as under- “19. Penalty for breach of provision of section 9...... 4 bundles of clothes to room No.14 in which the heroin was hidden in the wooden frames inside the bundles and, as such, the conviction for the alleged possession of the heroin cannot be sustained in law. Mr. Huq further submits that in the absence of any evidence as to the content of the heroin exc..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......h property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, expres..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the Special Powers Act, the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with the provisi......discharged. The significant point to remember is that the Court has been given no discretion in the matter. Another question which is to be remembered is that the Advocate General as the highest law officer of the State, as it then was, has been given a plenary power in the matter of withdrawal..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....hasis added) It is not restricted to immovable property and it includes pawn a pledge of movable. The definition makes no distinction between legal and equitable mortgage but the Act makes special provision under Art. 6 which relates to that class of documents which should be interpreted as an ag......t is the rate of duty that should be paid. To bring such document within the fold of document purported to be a document of hypothecation is to adopt a process of reasoning which is not sanctioned by law nor the document itself allows such scope. It says that it is deed of mortgage, if it is, as it ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....was not maintainable because of the availability of a remedy under Section 561A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interpreted, remedy under article 102 of the Constitution is more appo......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Criminal Law | Date: | Hits: 133
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