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Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....ed with them as the Bangladesh Constitution, at the relevant time set up a parliamentary form of democratic government. 5. In the context of the detention order, if we advert to the Constitutional provisions, we find that Article 48 of the Constitution of 1972 along with Article 55, indicate that......t mean Government's satisfaction as it is an abstract entity. 3. Mr. B.B. Roy Chowdhury, learned Assistant Attorney-General appearing for the State has argued that the proposition as understood in law is not correct. We think, there is much substance in his submission. He says that the word 'gove..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......rit Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority. He again submits that BJMC preferred Civil Petitions for Leave to Appeal against t..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... Siddiqui, the learned Advocate appearing for the pre-emptor opposite party, on the other hand, submits that it is now well settled that a homestead land situated in the rural area is governed by the provisions of section 96 of the Act and not by section 24 of the Non-Agricultural Tenancy Act and in......al land but a non-agricultural land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally a..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....ng with her minor son Mridul Dutta made the application under section 372 of the Act for a succession certificate for withdrawal of the money as described in the schedule to the application. Relevant provision of section 372 reads as follows- (1) Application for such a certificate shall be made t......sed Rana Dutta under the Hindu Law. 5. Reading sections 81, 82 and 83 of the Mulla's Hindu Law he submits that brother and mother were heirs as 'Sapindas' and learned Joint District Judge erred in law in rejecting their application on wrong view of the law. 6. Lastly, he read section 372 of th..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... also erected huts. In 1992, Obaidul Islam was dispossessed from the suit land. He did not know them who dispossessed him. 25. In cross-examination, he stated that Obaidul Islam was his brother-in-law. He denied that he was deposing for the interest of his nephews and nieces. He could not say who..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ication on 13.11.86 before the trial Court in the money suit for putting the decretal amount suo moto as per decree on his own calculation. So in reality the execution case has not started as per provision of Order 21 of the Code of Civil Procedure and before starting of the execution case the m......site Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......e is a fugitive from justice and not entitled to any protection of this Court either in Appeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitione..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....nt at the very outset submitted that the learned Tribunal by his order dated 5.3.87 framed charge under section 156(8) of the Customs Act read with section 25B of the Special Powers Act and those two provisions are not triable together under Special Powers Act by the Special Tribunal constituted und......tion case. It is the definite case of the prosecution that 31 pieces of gold bars have been recovered from an echolac bag allegedly belonging to the appellant. 19. It is a settled proposition of law that the prosecution must prove the case against the accused persons beyond all reasonable doubt..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
.... law holding that there was no cause of action for the suit and the defendants were not defaulters as they were depositing the rents in the Office of House Rent Controller on an erroneous view of the provision of President’s Order No.12 of 1972. He further submits that admittedly the rents for the......also filed cross-appeal. The learned subordinate judge allowed the appeal on contest and dismissed the cross-appeal. 5. Mr. Nirmalendu Bikash Datta contends that the Court of appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as..Category: Property Law | Date: | Hits: 66
....sion even after taking final action against the respondent No.2 on the basis of the inquiry report. The Labour Court observed that the petitioner-corporation can well take action under some other provisions of law against the respondent No.2 for non-compliance with the order dated 23.1.83 but th......- within 15.2.83 in the account of the petitioner-corporation and submit a copy of deposit slip to the Secretary of the corporation. In default of this order appropriate action in accordance with law shall be taken against him.
3. The respondent No.2 protested against the latter dated 23.1.83..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....er admittedly exhibiting cinema in the said cinema hall after obtaining licence from the authority under the Cinematography Rules, 1972. The said licence has been cancelled on 19‑6‑2002 under the provisions of Rule 22 of Bangladesh Cinematography Rules, 1972 without any show cause and without an......Memo No. JM/420 dated 19-6‑2002 issued by the Deputy Commissioner, Kishoregonj canceling the licence of the Universal Talkies Cinema Hall situated at Kishoregonj is null, void, forged, illegal, unlawful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......a Akter, that while Hena Akter was living in the house of her husband on 4‑5‑1998 the accused persons caused her death administering poison mixing with rice and that the petitioner, the mother-in-law of the deceased, supplied her poison-mixed rice. After the death of Hena Akter, an UD case was s..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....6-6-95. 4. The plaintiff opposite party No.1 contested the aforesaid miscellaneous case contending, inter alia, that the aforesaid miscellaneous case is misconceived and not maintainable under the provisions of Order 9 rule 13 of the Code of Civil Procedure as they were not the defendants in the ......is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the application under Order 9 rule 13 of the Code of Civil Procedure and s..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ...... matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......n and obtained the present Rule.
14. Hasan Foez Siddique, the learned Advocate appearing on behalf of the plaintiff- petitioner, submits that Pulin Behari being dead his son Nirmal Kumar Paul, the lawful heir of Pulin was a party in the suit but he did not contest the suit and thereby accepted th..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....t length and took us through the impugned order, order sheet of the Court below, different applications filed by both the parties. In support of their contentions they also referred us to the various provisions of the Civil Procedure Code and cited the decisions in the case of Shamsul Huda Vs. Mozam...... or delay execution of any decree and the allegations made in the applications are vague and general in nature without any concrete material before the Court below for its satisfaction as required by law and he contends that there being no specific statement regarding the attempt to do so with mater..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....vested quarters. Thereafter, on the expiry of the period of the Executive Committee, an ad-hoc Committee (consisting of the defendants) was formed illegally at the instance of the said quarter as per provision of Article 109 of the Constitution of the said Samity. One Mustafizur Rahman, an Advocate ......nding and acceptable, etc., the learned Additional District Judge has, in fact, disposed of the suit and the appeal on merit by the impugned order passed in interlocutory matter and has thus erred in law resulting in an error in the decision of the case occasioning failure of justice. He further sub..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....acts and circumstances of the case, it is thus evident that a preliminary enquiry, which is not at all mandatory, was indeed duly held and only thereafter the learned Artha Rin Adalat resorted to the provision of section 476 of the Code of Criminal Procedure by filing a complaint against the opposit......l perusal of the materials before him, passed the impugned order dated 10‑1‑2001 lodging a complaint to the Magistrate concerned for proceeding against the defendant-petitioner in accordance with law. Being aggrieved by the aforesaid impugned order dated 10‑1‑2001, the petitioner moved th..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....tuitously, and such other person enjoys the benefit thereof, latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered." In order to apply the provision of section 70 conditions to be fulfilled are- (a) a person should lawfully do something......psible gate, sanitary, electric works, earth development, painting, etc. Even after the defendants received the works done and goods delivered by the plaintiff, the learned Subordinate Judge erred in law in refusing decree for such extra work. In support, he relied upon a decision in the case of Ben..Category: Civil Law | Date: | Hits: 99
....he plaintiff after failing to get back the suit property by way of de-requisition filed the instant suit for declaration of title and recovery of khas possession and in view of the bar imposed by the provisions of section 14A of the (Emergency) Requisition of Property Act, 1948 the suit was not main......nically decreed the suit in favour of the plaintiffs.
16. On the other hand, Mr. Md. Mahbub Ali, the learned Advocate relying on the decision reported in 32 DLR 252 submits that the proposition of law is well settled that a registered kabala is an evidence of title which will prevail over other r..
Category: Property Law | Date: | Hits: 64
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