Search Options
Judgment Advanced Search
Displaying 3121-3140 of 7097 results.
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....on is regarded as a fresh complaint and the order dated 15.01.2008 accepting the Naraji petition and directing the RAB to investigate the case without examining the complaint on oath as per mandatory provision of section 200 of the Code of Criminal Procedure is illegal and as such the same is liable......ion under section 561A of the Code of criminal Procedure and the affidavit in opposition filed by the opposite party No.2 and submits that the learned Metropolitan Sessions Judge, Chittagong erred in law in not setting aside the order dated 15.01.2008 passed by the Metropolitan Magistrate on the gro..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....cellaneous case filed by the petitioner could be considered by the learned Judge of the Artha Rin Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory provision of law. ......in Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory provision of law. 4. Mr. Bivash Chandra Biswas, the learned Advocate appearing for the petitioner, has contend..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....tedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the state, which are contrary to the provision of Article 35, 94, 116, 116A and 117 of the Constitution inasmuch as in violation of the A...... (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is of no legal effect and ultra vires of the Constitution. The petitioner No..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....ppellant has highlighted lot of grievances in bringing home contentions. Contentions pressed into service are catalogued thereunder: I. Search and seizure as required to be made in compliance with provisions contained in section 103 of The Code had not been complied with and two respected persons......spires confidence in the mind of the Judge. A Police Officer or a Police Personnel is as good a witness as any other private witness provided his statement as witness carries credibility. There is no law that evidence of a Police Personnel as witness is liable to be flung to wind on the ground that ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......e. 4. The learned Counsel appearing for petitioner submits that by exercising power under Section 16A of the Family Court Ordinance, 1985 (briefly as Ordinance), Family Court is empowered by law to pass such interim order. She adds that there is an allegation that defendant killed his wife ..Category: Family Law | Date: | Hits: 171
.... prior to the suit in question whether or not it was instituted prior thereto.
Explanation II‑ For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III‑ The matter......the bank obtained a contested decree in Title Suit No. 219 of 1987 the plaintiffs brought the suit as a counterblast to obstruct the execution of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence ..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......ation of fraud and forgery has been made, is the basis of the present suit and until and unless the original document is brought before the Court fraud and forgery cannot be proved in accordance with law. Thus the plaintiff-petitioners will not be able to succeed in the present suit. Accordingly, th..Category: Civil Law | Date: | Hits: 75
....ut to no effect.
3. Being aggrieved the petitioner moved this Court and obtained this Rule.
4. The only submission Dr. Ahmed Husain, appearing personally, has made is, that in pursuance of the provisions as contained in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991,......le was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, 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: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....ceeding or the making of the award. Plaintiff instituted the suit only for declaration of its right to receive the compensation given by the award. Such suit is therefore, not barred under any of the provisions of the Ordinance. 5. On behalf of the respondent No. 8, Bangladesh, Mr. Firujur Rahman...... the intention of the legislature that it when an award was made in the name of wrong person, through collusion or otherwise, the rightful owner of such property will have no remedy under the general law to establish his title to the compensation as awarded. 21. In the instant suit, as stated abo..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....idence in such a proceeding, no Court is competent to take cognizance of such an offence except on the complaint in writing of the Court concerned or some other Court to which it is subordinate. This provision thus puts restriction on the general power conferred upon all Courts of the Magistrate by ......nterpretation as it was spelt out by the Appellate Division in the case of Abdul Hye Khan and others Vs. State reported in 40 DLR (AD) 226. 8. Now in the present case whether the said principle of law would apply or not is the only question left for consideration. From the perusal of clause (c) o..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......t Judge failed to notice and decide the moot question as to whether the plaintiffs became defaulters under the Bank Company Act, 1991 and without deciding such question, he committed serious error in law in granting temporary injunction. 10. He submitted that admittedly the plaintiffs were guaran..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....ose of rectification of the register. The jurisdiction is of general nature and not confined to cases where there has been error, mistake or default on the part of the company and only limited by the provisions of the Act. The Court may generally decide any question necessary or expedient to be deci......constitution of the board of directors by removal of the Petitioner and transfer of shares by said Abdul Hamid Chowdhury to his four sons were all malafide and in violation of the articles as well as law. 7. Respondent No.3 to 7 however, opposed the application by filing an affidavit-in-oppositio..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....ider that the initiation of the proceedings for misappropriation of the bank's fund at the instance of the informant is not legally maintainable. The teamed Advocate has taken us through the relevant provisions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 ......rly provides the mode of ascertainment by the Registrar of the misappropriation of the fund of the Co‑operative Society by any member of the executive committee or any member of the Society and the law does not enjoin any mechanism other than those mentioned therein i.e. as a result of the audit r..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... the impugned order. True, under section 96(13) an appeal has been provided to the ordinary civil Court from any order of a court passed under section 96 of the State Acquisition and Tenancy Act. The provision of appeal as provided in section 96(13) of the State Acquisition and Tenancy Act does not ......able to a plaintiff or a petitioner to get rid of an order of dismissal of a suit by an ex parte decree or dismissal of a proceeding by an ex parte order. It is not therefore, the intention of the law making authority to limit the scope of a party to file an appeal only against an ex parte order ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
.... (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Act. It was on the ground that the Association is unable to pay i......Association on account of the non‑payment of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. Mr. Nabi then submits tha..Category: Employment/Service Law | Date: | Hits: 144
....d other Election Commissioners will get such salary as are admissible to a Judge of the Appellate Division and High Court Division respectively and since the salary of a Judge is determined under the provision of the Supreme Court Judges (Leave, Pension & Privileges) Ordinance, 1982, the provisi......) Memo dated 21‑11‑2002 issued by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 27, 3..
Category: Employment/Service Law | Date: | Hits: 99
....elter of the Court and filed one after another suits before the Civil Court. It is asserted by the respondents that the civil suits as well as the instant Rule is not maintainable as it is hit by the provisions of section 54(c) of the Electricity Act, 1910 as well as under section 22(3) of the Elect...... to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....d effect as if it had been pronounced before the death took place". 8. Since admittedly, the defendant No.3 was not contesting the suit his heirs need not be impleaded in the suit as per the above provision of the Code. In our view thereof the learned Assistant Judge appears to have committed an ......lted in an error in the impugned judgment and order occasioning failure of justice and causing Serious prejudice to the plaintiffs and, as such, the impugned judgment and order are not sustainable in law and deserves interference. 6. Perused the revisional application, impugned order and other re..Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....vernment (2) A copy of every licence granted under sub-rule (1) shall forthwith be sent to the District Magistrate of the District in which such place is situated." 10. In view of the aforesaid provision of Rule 30 of the Arms Rules the Court found that no licence is required for keeping a dag......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
....he Martial Law authorities provide some binding precedents under Article 111 of the Constitution and so the actions of martial law authorities cannot be challenged in the Court. In order to apply the provision of Article 111 an issue must be raised and deliberated upon and decided before it can oper......-১০লক্ষ্য/জিওবি/০০৭/৪৭ dated 3-9-2008 issued by respondent No.5 demanding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short,..
Category: Fiscal/Taxation Law | Date: | Hits: 140
62876286628562846283601360126002595659555954595359525951594959485947594659455944