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Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....ank. Already we have found that before issuance of the letter dated 25-2-1995 by the bank, offering some terms and conditions for compromise, the petitioner company had become defaulter and under the provision of Bank Companies Act the petitioner is a defaulting borrower. The respondent-bank filed t......ent of the petitioners and their business. Such CIB Report arbitrarily prepared at the back of the petitioner's and also distributed without their knowledge, does not have sanction and support of any law as it has the effect of interfering with, jeopardising, stifling, causing detriment and adversel..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....itute any offence under section 406 or 420 of the Penal Code in the facts and circumstances of the present case. Accordingly, we hold that cognizance taken by the learned Magistrate under those penal provisions was illegal and if the proceedings of the CR Case No. 2355 of 2001 is allowed to proceed,......ce taken by the learned Magistrate under those penal provisions was illegal and if the proceedings of the CR Case No. 2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore, it is liable to be quashed. In the result, the Rule is made absolute. The proc..Category: Criminal Law | Date: | Hits: 95
....espondent No. 1 for Taka 57,26,92,897.67.
5. Since the instant application was filed challenging the legality and propriety of the Award on the ground of non-compliance as well as violation of the provisions of the Arbitration Act, 2001 by the Tribunal, and that too, at the stage of making and si......ven any opportunity, as was requested by him on the previous day, to discuss the issues before the Award was made.
13. Referring to section 43(v) of the Act, Mr. Hossain contends that although the law requires the arbitration proceeding to be conducted in accordance with the agreement of the part..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......e, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. The deceased at..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... investigate and submit the charge-sheet without permission of the Court. There is also substance in this contention of the learned Advocate which needs to be considered carefully. 22. Under the provision of section 155 of the Code of Criminal Procedure when a police officer received informat......tes appearing on behalf of the petitioners in support of the Rule, having taken me through the impugned judgment and the papers on record submitted that the learned Court of Sessions below erred in law in dismissing the appeal summarily in view of the fact that the learned Sessions Judge failed to..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......arrived at any independent finding of its own after due consideration of the evidence, rather fully depended on the finding of the trial Court and thus the appellate Court also committed error of law in affirming the judgment of the trial Court. Though ordinarily the High Court does not interf..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......cision of the authority, the petitioner obtained the Rule Nisi from the High Court Division which made the Rule absolute and declared Annexure-‘H’ to the Writ Petition to have been issued without lawful authority. The salient findings of the High Court Division are as follows:
The prayer of t..
Category: Employment/Service Law | Date: | Hits: 739
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....the Constitution of the People’s Republic of Bangladesh, is subject to reasonable restrictions imposed by law and the Government has no right to transfer any private land without acquisition as per provisions of law; and whether the writ-petitioner’s allotment letter contains some private land, ......under Memo No. n¡M¡-9/1 Hm-22/2000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-res..Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......int are not identical terms. A plaint can be rejected on any of the grounds mentioned in Order 7 Rule 11 of the Code and not otherwise. The High Court Division, in the premises, committed no error of law in not rejecting the plaint. 7. The High Court Division directed the plaintiff to amend the ..Category: Procedural Law | Date: | Hits: 112
....reason. Since their appointments, the petitioners having served long period in the development projects have acquired legal and constitutional rights to be transferred to the revenue budget under the provisions of law and the procedures laid down by the Government. The conception of consolidated pay......These Civil Petitions for Leave to Appeal Nos. 767, 796, 1084-85 and 1091 of 2011 have been heard together and are being disposed of by the this common judgment as they do involve common questions of laws and facts.
2. The above mentioned civil petitions for leave to appeal are directed against ..
Category: Others | Date: | Hits: 172
....ication bearing No.Swa: Ma/Na Ni/4-4195-122 dated 7-10-95 as being ultra vires of the Constitution of the People’s Republic of Bangladesh.
2. With regard to the Notification, it is said that the provision 1(Gha) provides that the petitioners would be on probation for 2(two) years and that they ...... the Administrative Tribunal case strikes down an order for violation of principle of natural justice as well as for infringement of Fundamental Rights, guaranteed by the Constitution or by any other law in respect of the matters relating to the order arising of sub-clause (a), but such tribunal can..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ion on the point of excessive delegation without having any guideline. Since the notification was issued as per the decision of the high powered committee which considered the matter according to the provisions of sections 25, 30 and 30 the Customs Act, we are of the view that the impugned notificat......l Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Lear..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....s ready regarding the time and place where the appeal will be heard and also to an officer as the Government may appoint in this behalf. Except section 422 of the Code of Procedure, there is no other provision in the Code regarding notice of appeal. It appears that the present case is a complaint ca......e appeal should not be dismissed for non- supplying the copy of the notice. He has further submitted that the petitioner showed cause and was exempted by the Court and, as such, the petitioner or his lawyer did not follow the progress of the appeal but subsequently on 13-3-97 when the petitioner wen..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... the petitioner and others as aforesaid. 7. Mr. MA Wahab Miah, the learned Advocate for the petitioner, submits that the learned Special Tribunal held the trial in clear violation of the mandatory provision of section 27(6) of the Special Powers Act which provides that the trial Court must publis......entencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner i..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e in the writ petition and claimed that the petitioner was transferred as a full time employee under the Health Directorate. Therefore, he cannot remain as a Dean of the Faculty of Medicine under the provisions of the Dhaka University Order, 1973. It is also claimed that on transfer to a full time p......96. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, ar..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......lenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary of the BSC with all finan..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherwise calls for interference by this Court. 2. The opposite party instituted TS No.159..Category: Civil Law | Date: | Hits: 86
....t on 18-8-96 whereas the grounds of detention were signed by the District Magistrate himself on 26-8-96. We have verified the dates of the order of detention and the grounds of detention and also the provisions, that is, section 3 (3) of the Special Powers Act. Section 3(3) of the aforesaid Act prov......erred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife ..
Category: Criminal Law | Date: | Hits: 76
.... but the respondent Nos. 1 and 2 did not remove the structures, that then the Port Authority filed an application under section 3(3) of the Ordinance before the Authorised Officer appointed under the provisions of the said Ordinance for eviction of the respondent Nos. 1 and 2, that respondent Nos. 1...... application seeking review of its earlier order dated 23-3-1991 dismissing the appeal which was filed against the order of the Authorised Officer passed under section 4(1) of the Ordinance is bad in law and without jurisdiction.
8. Provisions of section 3 of the Ordinance as to serving of notic..
Category: Property Law | Date: | Hits: 103
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