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Maudud Vs. State, 1998, 27 CLC (HCD)
....n any “arms” of any description except under licence and in the manner and to the extent permitted thereby in any place to which Govt. by Notification in the official gazette specially extend the provisions of the section. Rule 30 of the Arms Rules, 1924 provide that a licence for the possession......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..Category: Criminal Law | Date: | Hits: 87
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....ance of the nomination paper of the respondent No.1 by the respondent 2, the Returning Officer, has been accepted without lawful authority and is of no legal effect as it was accepted contrary to the provision of section 7(2)(Chha) of the Ordinance. Accordingly, we hold that the respondent No.1 stoo......e respondent No.1 having had defaulted payment of loan taken from the House Building Finance Corporation was a defaulter and, as such, acceptance of his nomination paper has been accepted without any lawful authority. He refers to Annexure-‘B’ objection and Annexures-‘D’ & ‘D1’ lette..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....y 19, 1993 purchased 20.42 acres of land from defendant Nos. 1, 2, 11, 13, 19, 20 and 21 during the pendency of the Suit. 3. The petitioners on 2-8-1993 filed an application in the Court under the provisions of Order 22, rule 10 read with section 151 of the Code of Civil Procedure to be impleaded......in the suit is a revisable order needed to be revised in Revisional Jurisdiction under section 115 of the Code and, as such, the Civil Revision is quite maintainable. Misdescription of a provision of law or misquotation of a particular section or Order or Rule in the heading cannot stand in the way ..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....ision of the respondents regarding non-issuance of the passport to the petitioner is neither mala fide nor illegal since it aimed at vindicating public interest. The decision also did not violate any provision of the Constitution. 6. Annexure‑A is the impugned Memo. From this Memo, it appears t......2 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a for..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......e estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in not giving effect to the compromise effected between the plaintiffs and non‑contesting defe..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
.... trial was at a stage when out of 15 PWs only one witness, the Investigation Officer, was left to be examined. 6. Mr. MA Aziz, the learned Advocate, appearing for the petitioners, Submits that the provision of section 339 C is a mandatory one, once 270 working days have expired the proceeding aga......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
.... nor arbitrary or fanciful; neither does it run on fixed iron rails." 26. Now, the question of hardship comes under sub‑section (2) of section 22 of the Specific Relief Act. But there is another provision in sub‑section (1) of section 22 which relates to the advantage of the plaintiff over th......nd cannot interfere with such question of fact. 16. I have heard the learned Advocate of both the sides and carefully considered their submissions vis‑a‑vis evidence on record and the relevant laws and I find much force in the above submissions of the learned Advocate, for the respondent Nuru..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
...., therefore, cannot be held to be absence without leave. Rule 9(3) refers to Extraordinary Leave. The relevant portion of Rule 9 of the Prescribed Leave Rules, 1959 are reproduced below: "9. Other provisions. —(1) The existing provisions for sick leave, maternity leave, hospital leave, quaran...... than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter before..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....by exercising Power under section 8 of Act 35 of 2003 can transfer the appeal pending before it or the Court subordinate to it to the Court of Special District Judge for disposal. There is no express provision in the Act 35 of 2003 that Special District Judge is subordinate to District Judge and the......udge, therefore, learned Special District Judge, have to comply the order passed by learned District Judge, but by rejecting such application the learned Special District Judge, committed an error of law, resulting in an error in the decision occasioning failure of justice. 5. The Rule is not opp..Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....sulting in an error in the decision occasioning failure of justice in allowing the application for amendment by the impugned order dated 17-1-2002. 14. For the convenience of understanding the provisions of Order VI, rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17—The......8. Secondly, the impugned order is not a speaking order inasmuch as without assigning any reason the learned Judge of the Court below passed the impugned order which cannot be sustained in the eye of law. 9. Mr. Rabi Shankar Chakraborty, the learned Advocate appearing for the opposite party No.1 ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....es of the Government is done by the administrative executives. The Constitution assigns to the Legislature, the Executive and the Judiciary clearly demarcated roles; each controlled by constitutional provisions. The responsibility of seeing that no functionary of the State oversteps the limit of his......dges and other Judicial officers, equivalent to the rank of District Judges to the concerned officers of the administrative and other cadres therein should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to plac..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....und having no disability after medical test, according to 'Regulation' 2002 and also who did not appear before the Medical Board and that the respondents are disbursing the allowance according to the provisions laid down in PO 94 of 1972, 'Regulation' 1984 and 2004 and the petitioners have filed thi......ngladesh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....er referred to as the Ordinance) as the Tribunal refused to adjourn the proceeding of the Tribunal. On this question leave was granted in Civil Appeal No.112 of 1977 and this Court on considering the provision of section 28 of the Ordinance held that the Tribunal was not bound to adjourn the case on......urisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful authority and of no legal effect. 2. By the impugned order the election of the appellant w..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....r. Rahul Islam J.- I had the opportunity of going through a copy of the judgment proposed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to agree with the interpretation and also the conclusions arrived ......pality moved the High Court in the writ jurisdiction being Writ Petition No.159 of 1971, contending, inter alia, that the Additional Commissioner totally misconceived, misconstrued and misapplied the law in taking the view that the Municipality in levying tax could not exceed 17%, that is, the ceili..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....se modify its articles, memorandum, rules or bye-laws or to make any rule or byelaw in such manner and within such period as may be specified in the order". 10. Relying upon the language of this provision of law Mr. Bakr, the learned Attorney-General appearing for the Government submitted tha......adesh Steamer Agent's Association”. This order has been issued under section 8(1)(b) of the Ordinance which is as follows: "8. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appropriate Governme..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......ether the High Court Division erred in treating the P.Ws.1-4, who are eye witnesses as being not reliable, and finding the case to be an embellishment; II. Whether the High Court Division erred in law in acquitting the convict respondents while not taking into consideration the confessional sta..Category: Criminal Law | Date: | Hits: 122
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....n Chowdhury, defendant No.6, by way of inheritance. By amicable settlement, the suit land fell in the saham of Hamida Khatun Chowdhury. While possessing the suit land, she submitted her return as per provision of P.O. (President's Order) 98 of 1972. Hamida Khatun Chowdhury being issueless used to cu......ving been a bar to challenging the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in discharging the rule a..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....subject matter, relied on the decision of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751 wherein similar question was posted and it was held that the provisions of one special law cannot over-rided the provisions of another special law as such, tra......লতে বদলী করা হইল। 8. Mr. AQM Safiullah, the learned Advocate appearing for the petitioner, submits that, the order passed by the learned Joint District Judge is bad in law on two counts i.e. order is a non-speaking order and also that, any case and Artha Jari Case fil..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....ed petitioner and the opposite party No.2, let us now see as to whether the complainant opposite party No.2 has filed the case before the learned Chief Metropolitan Magistrate strictly complying with provision of law envisaged under section 138 and 141 of the Negotiable Instruments Act and whether t......General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tions 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, prior service of notice on her is a pre-condition. Without asking for statement of wealth, no offence can be constituted under those provisions. But the accused-petitioner was neither served with any such notice nor she had ever subm......the said Court, she preferred this application under section 561A of the Code of Criminal Procedure making direct surrender before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So th..Category: Criminal Law | Date: | Hits: 100
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