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Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......r from the plain reading of sub-section (2) of section 17 it appears that Tribunal can take cognizance only upon a written complaint. Section 200-203 of the Code of Criminal Procedure laid down the provisions how a complaint has to be made and proceed with it. The Tribunal in passing the impugned ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this power may be exercised to quash a proceeding o..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......ore the Administrative Tribunal was also neither taken in the affidavit-in-opposition nor at the time of hearing of the Rule and also in the leave petition and the concise statement. According to the provisions of Order XX, rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 t..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... guilty of the charges, ought to have brought this alleged “আপোষ নামা” to the notice of the accused while examining them under section 342 of the Criminal Procedure Code. This was mandatory in the facts and circumstances of this case; but for this defect made by the judge of the ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....the respective parties. As such, there is no scope to say that the learned Additional Sessions Judge did not apply its judicial mind in framing charge against the accused-petitioners and violated the mandatory provision of section 265C of the Code of Criminal procedure and the charge has b...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......cate has pointed out that the act of setting-aside that sale in auction having been done by the Circle Officer of the concerned Upazilla in the year 1974 it was without jurisdiction. Referring to the provisions of section 3(3) of Public Demand Recovery Act the learned Advocate for the respondents su..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....omissory estoppel. Further the Supreme Court of India in Union Territory, Chandigarh Admn Vs. Managing Society Gos-wami, DGSCE reported in AIR 1996 SC 1759 held that a contract in violation of the mandatory provisions of law can only be read and enforced in terms of the law and in no other way......crore Taka for installation of the TV station. The appellant-company has employed about three thousand employees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carrie..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......on service of summons was upon the respondents and they having not discharged the same it ought to have presumed that summons were duly served upon the respondents in view of due compliance of the provisions of Rule 19A(2) and the proviso to Rule 19B (2) of Order 5 of the Code of Civil Procedure..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... a Rule Nisi be issued calling upon the Respondents to show cause as to why the inaction of the respondents to take necessary steps to stop any kind of building and the respondents to implement the provisions of Section 12(c) of the Antiquities Act, 1968 and Rule 61 of Dhaka Metropolitan Buildin..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed strictly by the provisions of the said Ain. He further submits that section 27 of the Ain does not confer any author..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....ok loan as proprietor of M/s Sugandha. International even if assuming true but not conceding that the said firm M/s Sugandha International has not been made party in the complaint petition which is mandatory as per the provision provided in section 140 of the Negotiable Instruments Act. As such, t......t it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......y money or property under the Provisions of the Merchant Shipping Ordinance, 1983, hereinafter referred to as the Ordinance, or which is recoverable as wages in the Court of law; 20. The aforesaid provisions of law clearly reveals that the plaintiff being the master and the crew members of the ve..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....d. Iftekhar Jonaed, learned Advocate, at the very outset draws out attention to Rule 8 of the said Rules and submits that under Rule 8 inclusion of two outsider members in the Evaluation Committee is mandatory, but the Evaluation Committee in question was constituted only with the officials of BTRC.......U) on 18-4-2011. Upon such Appeal,, the CPTU issued Memo dated 24-4-2011 under Rule 59 of the Public Procurement Rules, 2008 ("the said Rules") requesting the Chairman of BTRC to follow the provisions of Rule 59 in view of the presentation of the said appeal. BTRC, however, continued with ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ion is filed is not quite relevant and that does not debar the Court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory. If in a case like the present one the Court finds that the appellants could not invoke i......s at all. The cases have been initiated under the existing laws of the land and the appellants have challenged the proceedings at preliminary stages. So Article 35 is not applicable, and the other provisions are not at all applicable to the appellants. 18. Now turning to the point of maint..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... or similar document of title, issued in Bangladesh which contains or is evidence of any contract to which the Rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act.” 27. It appears that the Provision of Sect..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......authorized officer of the commission as provided in section 20 of the Ain and of taking sanction of the Commission before taking cognizance as required under section 32 of the Ain does not arise. The provisions of those two sections of the Ain have no manner of application in the instant case as it ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... Bux were owners of the case plot and there being nothing on record to show that their Jama was separated and one of the heir of Abdul Malek Mollah having filed the instant pre-emption petition it is mandatory on his/her part to implead necessary parties under sub-section (2) of section 96 of the St......) of section 96 of the State Acquisition and Tenancy Act and in reversing the finding of the Court of appeal below on that point the High Court Division has not taken into consideration the aforesaid provisions of law." 39. Mr. Mahbubey Alam, learned Counsel, appearing for the appellants although..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......Chartered Bank, Bangladesh, but the cheque was dishonoured as informed to him by a dishonour slip bearing the remark “insufficient fund”, on 11.12.2008. Thereafter, in compliance with the provisions of section 138 of the Act, 1881 the complainant sent a notice on 15.12.2008 to the accuse..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......cts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. “(5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188 of this Code.” 11. Fr..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......hdrawal only when he wants to sue afresh on the same cause of action." In the case of Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj and others, 41 DLR 168, on the question of applying provisions of Order XXIII Rule 1(2) for withdrawal of suit, it is held Court to decide whether ther..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6