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Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....upplementary affidavit the petitioner has stated that he has not yet attained the age of superannuation and that the post of service concerned has not been abolished. 8. It is clear from the above provision of law that if a public servant who has been dismissed on the ground of conviction and is ......e why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....ourt or it had stopped by virtue of the statute. We are of the view that although an order stopping the trial and releasing the accuseds was necessary to be passed by a Court for giving effect to the provision of section 339C of the Code of Criminal Procedure, the trial which commenced on the date o......ds in the Sessions Case No.12 of 1990 under sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of th..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....on under section 241A of the Code of Criminal Procedure for discharging him. It has been contended by the learned Advocate for the petitioner that the learned Metropolitan Magistrate misconceived the provision of section 241A of the Cr.P.C. and most illegally and arbitrarily passed the impugned orde......te misconceived the provision of section 241A of the Cr.P.C. and most illegally and arbitrarily passed the impugned order which is in fact not a speaking order and, as such, it cannot be sustained in law. In this connection he has drawn our attention to section 241A Cr.P.C. which runs as follows: ..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......titioners prayed for a declaration that the inclusion of the property in the Bangladesh Gazette Extraordinary dated September, 23, 1986 at page 9762(61) serial No.2 as abandonment property is without lawful authority with a further prayer for declaring the judgment and order passed by the Court of S..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....ntending, inter alia, that the petitioner was illegally proceeded against on 26.12.84 under the Government Servants (Discipline and Appeal) Rules, 1976 which was already repealed on 21.7.84, that the provisions of Rule 7(7)(8) of the Government Servants (Discipline and Appeal) Rules, 1984 were not c......the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as f..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
.... 13. Mr. Md Abu Bakkar Siddique the learned Advocate, appearing on behalf of the accused petitioner has submitted that the impugned order of remand of the accused petitioner, is in violation of the provision of section 16(1) and (2) of the Code of Criminal Procedure as the accused was not forwarde......oner in jail custody, which order, as it appears from the certified copy of the order dated 15.7.93 of this Court was declared to be illegal and the detention of the accused petitioner was declared unlawful in Writ Petition No.1043 of 1993 and the accused petitioner was ordered to be set at liberty ..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
.... leg to stand on in law. This view of mine finds support from the decision in the case of Messrs United Venture Navigation Co. Ltd. Whether the order made under Or. 38 r. 5 is within the ambit of the provision of law or not is to be seen on the facts of a given case. From the facts of this case I ha......o doubt, the order directing to furnish bank guarantee is an independent order but it is made in consequence of the order of attachment and where the order of attachment itself cannot be sustained in law the consequential order for security has no leg to stand on in law. This view of mine finds supp..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......here can never be any conviction on circumstantial evidence. In other words, the prosecution cannot prove its case by circumstantial evidence. Such a concept is contrary to time honoured principle of law regarding circumstantial evidence. Here in this case before us, it is found from a consideration..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....he learned District Judge rejecting the supplication for readmission of appeal on the ground of limitation does not suffer from any illegality and that the impugned order being in consonance with the provision laid down in Article 168 of the Limitation Act and as such impugned order cannot be held t......uffer from any illegality and that the impugned order being in consonance with the provision laid down in Article 168 of the Limitation Act and as such impugned order cannot be held to be contrary to law. The learned Advocate continued to urge that application for readmission of the Title Appeal No...Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......iyan, learned counsel contended that the view of the High Court Division in drawing adverse presumption against the appellant merely on the ground of absence of kabinnama is based on misconception of law. According to the learned counsel, in view of the concurrent findings that the appellant and the..Category: Family Law | Date: | Hits: 318
....e Local Government (Union Parishads) Ordinance, 1983 provides as follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable,......r dated 3.12.91 (Annexure E) passed by the Chief Election Commissioner and the Election Commissioner, refusing to stop the aforesaid election schedule should not be declared to have been made without lawful authority and to be of no legal effect.
2. In this petition the petitioner has stated that..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......mplainant on inquiry came to learn on 12.8.85 that the accused had been staying in a hotel at Chittagong and he sent his son P.W.3 Mizanur Rahman to Chittagong. P.W.3 and complainant's brother‑in‑law P.W.2 Sakhawat Hossain, a businessman of Chittagong traced out the accused on 13.8.85 in a hotel..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ny independent evidence and therefore, the prosecution has not been able to prove the prosecution case beyond reasonable doubt and, as such, the order of conviction and sentence is not sustainable in law. 9. As against this, the learned Assistant Attorney‑General, Mrs. Snigdha Huq, submits that..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
...... (Annexure-B) and Memo No.2(9)Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....ittagong was justified in directing the Deputy Commissioner of Taxes to treat the status of the Appellant company as "Non-Resident" since Article 4(3) of the Convention reads, "where by reason of the provisions of paragraph (1) of this Article a person other than an individual is a resident of both ......hether in the facts and circumstances of the case the Tribunal was justified in holding that the Convention is a guideline and the Deputy Commissioner of Taxes is to make assessment as per fiscal laws of Bangladesh. 5. Whether the Tribunal was right in the interpretation of Act 7(3) of the Co..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......ith section 149 and 307 read with section 149 and convicted them accordingly as stated hereinbefore. 31. Mr. BM Elias on behalf of the appellants submitted that the learned Sessions Judge erred in law in convicting the appellants under section 302 read with section 149 in the absence of any evide..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....l of the remedy provided by section 7 of Ordinance No.54 of 1985 by filing an application before the Court of Settlement after enlistment of the property as abandoned property she cannot avail of the provision of clause (2) of Article 102 of the Constitution as she had an "equally efficacious remedy......a' list of abandoned properties vide notification in the Official Gazette which has already been referred to above. According to the petitioner, the above enlistment is absolutely illegal and without lawful authority as the disputed house does not answer to the description of abandoned property as d..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......Chandra Biswas, learned Advocate appearing for the contesting defendant‑respondents, submitted that the execution and attestation of the will in question have not been proved as per requirements of law under section 63 of the Succession Act and sections 67 and 68 of the Evidence Act. He further su..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....tions are to be held by the Election Commission according to rules framed by the Samity. The result of election is to be announced at a meeting of all members within 30 days of the election. There is provision for an Election Appeal Committee for deciding election disputes. The Election Commission w......High Court upheld the order under which the leave was given after the framing of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of law in not bolding that the plaintiff would suffer irreparable injury if the part‑result of the el..Category: Civil Law | Date: | Hits: 104
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