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....st and the Customs Intelligence Officer Majibur Rahman lodged F.I.R. (Annexure A) on 23.6.88 at Tejgaon P.S. against the detenu under section 25B of the Special Powers Act read with various other provisions of the Customs Act and Foreign Exchange Regulations. With the permission of the Chief M......ry, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....t he has been kept under unlawful detention for months together in violation of the fundamental rights guaranteed by the Constitution of the People's Republic and also in violation of the mandatory provisions of the Special Powers Act, 1974. It has been further alleged that the order of detentio......di, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ourt shall apply its judicial mind as to whether the appeal is legally maintainable or not in view of sections 412 to 421 of the Code? The learned Deputy Attorney General has taken us to the relevant provisions of the Code. 5. Section 419 of the Code prescribes the form, the manner and the requir......ocedure shortly, the Code, have been communicated to this Court through the Jail authorities of different jails on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....t him was not sustainable in law. The learned Advocate has further submitted that the recovery of the incriminating article from the possession of the convict petitioner was not done by following the provision of section 103 of the Code of Criminal Procedure. He has further submitted that absence of......le under section 46 (a) of the Excise Act, 1909 as amended by Finance Ordinance No. XLV of 1986. Charge was framed against him on 27‑9‑90 for the offence punishable under the aforesaid section of law to which he pleaded not guilty and claimed to be tried in accordance with law. 4. Subsequent ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......1 to 4 became co-sharers by exchange in the case holding and, if so, would right of preemption not be available against such co-sharers? (2) Was the deed of exchange dated 10‑7‑96 exhibit-Ka a lawful and valid transaction? and (3) Whether the right of pre-emption was barred by waiver, esto..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......ime to the party in such regard to bring stay order from Superior Court, but learned Court below did not even allow 3 days' time as was within his domain in order to show his sincerity and regard for law and convention. 21. We have given very anxious consideration to above situation created by th..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....Registration Rules. It is also pertinent to mention that the said Rules, 1973 were duly approved by the Government. In view of the discussions made above, I am of the view that noncompliance with the provision of rule 48 of the Registration Rules 1973 in registering the kabala in question by the Sub...... the Appellate Court being the final Court of fact also misread the evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ings of the Appellate Court confirm the misconduct of the plaintiff petitioner. He further submits since the service of the plaintiff petitioner is not regulated by the Service Rules of the Board the provisions of the Master and Servant Rules will apply. He further submits that since there is no sta......he petitioner and Mr. Abul Kalam Chowdhury with Mr. ATM Obaidul Hoque appeared for the opposite parties. 7. The learned Advocate for the petitioner submits that the Court of appeal before erred in law failing to appreciate the findings arrived at by the Trial Court. He further submits that the al..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......his appeal or revision. When the plaintiff could give security to the extent of Taka 7,00,00,000 then why he could not manage Taka 2,00,00,000 only is beyond our comprehension. Besides, we know no law that empowers a Court to grant a mandatory injunction for payment of any portion of the amount c..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....F Mulla, 14 Edition. He further submits that except the cases as mentioned in the said section a Hindu widow cannot alienate a property having life interest. Mr. Rana submits that in view of the said provision of law the gift made by Manada Sundari in favour of Radheshyam Mistry and Gouranga Lal Mis......dition. He further submits that except the cases as mentioned in the said section a Hindu widow cannot alienate a property having life interest. Mr. Rana submits that in view of the said provision of law the gift made by Manada Sundari in favour of Radheshyam Mistry and Gouranga Lal Mistry who are a..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....il Court maintainable. He appears to have been terminated in very similar circumstances of the strike by the bank employees. The Appellate Division also held that the service rules of Sonali Bank and provision of section 19 of the Act for termination were not the same and the termination of the empl......maintainable; and also barred by limitation. The suit is hit by sections 6 and 42 of the Specific Relief Act and section 9 of the Code of Civil Procedure. Termination was issued as per requirement of law with all legal dues admissible under the law. The plaintiff was removed by termination simplicit..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......t that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the ..
Category: Company Law | Date: | Hits: 181
.... was present in this country during or after the war of liberation and his whereabouts was known after liberation and the property did not become an abandoned property by operation of law.
11. The provision of section 10(5) of the Ordinance 54 of 1985 provided that a Court of Settlement shall aft......23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Se..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
.... under section 151 CPC as there is no cause of action to try the suit as this Admiralty Court is lacking jurisdiction without rejecting the same as the Admiralty Court cannot reject the plaint as the provision of Civil Procedure Code of rejecting the plaint have not been made applicable to Admiralty...... is maintainable. 4. In support of their respective contentions the learned Counsels for both the parties relied upon the statements made in the plaint, the documents/papers filed and the relevant laws which will be considered presently. 5. For disposal of this application it is necessary to s..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ared without any lawful authority and to be of no legal effect. 3. The fact leading to the issuance of the aforesaid Rule is as follows: The University of Dhaka was established by and under the provisions of the Dhaka University Act, 1920 (Act No XVIII of 1920). The said University to the esta......limullah Hall. 2. Initially, a Rule Nisi was issued on 3‑2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding futu..Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....nkrupt. 6. Admittedly, the Bankruptcy Act, 1997 has not defined the word 'debtor' although section 8 as well as section 10 refers to the word debtor. Section 10 runs as follows: "Subject to the provisions of this Act, if a debtor commits an act of bankruptcy, a plaint may be presented either b......tegorically denied to have signed as guarantor in Exhibit 2, loan application vide its better statement accepted by Court and having adduced evidence in support of such case, the Court below erred in law in failing to consider such evidences and decide the question before passing judgment against th..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
.... which shows conformity with the invoice value. Thereafter, the goods were shipped and the supplier sent all the shipping documents, viz, commercial invoice, bill of lading, packing list, etc. As per provision of Article 5(ka) of the Pre‑shipment Inspection Order, 1999, the invoice and the packing......er LC No.1945‑03‑1‑1838 dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......nected papers including the application for amendment for the written statement and submits that by such amendment the entire complexion of the written statement has been changed which is contrary to law. Mr. Deb further submits that after the close of the evidence of the plaintiffs the written stat..
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......e plaintiff was in right, title and possession of the suit land; (2) Whether the plaintiff has been dispossessed from the suit land by force against his will; (3) Whether the suit was barred by law; and (4) Whether the plaintiff was entitled to a decree for declaration of title with recover..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....r within two months of the date of the service of the notice of the application under clause (b) of sub‑section (3), whichever be earlier apply to join in the said application." This is an enabling provision. The latter part of that sub‑section contains a barring provisions, "any co-sharer tenan......petition holding that the case land not being an agricultural land and being a pond in nature petition claiming preemption under section 96 of the State Acquisition and Tenancy Act was not tenable in law and that the case land being a nonagricultural land preemption could have been claimed under s..Category: Property Law | Date: | Hits: 79
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