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Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......e as P.W. 5 himself has denied to have gone to the house of the victim and given report about deceased Masharuddin's crossing the river after sunset in his boat along with the accused appellants. The law on the point is now well settled. To put it in the words of Munir CJ. expressed himself in the c..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....ement, the court misdirected itself in passing the order on the ground that the defendant admitted the claim partially in their pleadings, It has been further submitted that the applicability of the provision of Order 12, rule 6 of the Code of Civil Procedure would be limited to the provision of Or......of the rule for the petitioner having taken us through the impugned judgment and the other related papers in original in the records of the Money Suit submitted that the learned court, below erred in law in holding that the defendant Company has made an admission in their pleadings in Court for the ..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....m the containers, it is not maintainable in this Admiralty Court, since the plaintiff is not a carrier of the goods nor the cause of action comes under the jurisdiction of this Court under any of the provision as provided in section 3 of the Admiralty Courts Act, 2000. 4. The learned Advocate Mr.......eing a special statutory jurisdiction and the same have been detailed in section 3 of the Admiralty Courts Act, 2000, any cause to be brought before the Court must come within the provisions of the law. Therefore, even if the plaintiff has any cause of action against the defendant the plaintiff ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....witnesses before the learned trial Court and all the witnesses were cross-examined by the parties. 6. The trial Court on considering the facts and circumstances of the case as well as the relevant provision of law dismissed the suit. 7. The plaintiff against the judgment and decree passed by t......at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the time of survey did not produce any documents or deeds before the concerned surveyor. As per law there was no claim against the suit plot. The suit plot has been duly recorded in the name of go..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......aken to impeach the impugned order. Firstly, the FIR and charge sheet do not disclose any offence against the petitioners. Secondly, over the selfsame occurrence institution of two cases is barred by law. To address the same we hold that the FIR charge sheets and other materials on record clearly di..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
.... 8. Mr. Moyeenul Hoque submits that the initiation of the criminal proceeding under sections 307 and 310 of the Bangladesh Labour Law, 2006 against the petitioners without exhausting the mandatory provision of section 33 of the said Law is illegal and without jurisdiction. 9. Mr. Md. Khurshid ...... the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....t further appears that the complaint case, were filed before the enactment of Bangladesh Labour Act, 2006. So, the case filed before the enactment of Bangladesh Labour Act, 2006 will be guided by the provisions laid down in the Employment of Labour (Standing Order) Act, 1965. Be it mentioned here th......, Advocates-For the Petitioners. No one appears-For Respondents. Writ Petition Nos. 7476, 7622, 7623, 7624, 7625, 7626 and 7627 of 2010. Judgment Abdul Awal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622/2010, 7623/..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......h, in appointing the Health Assistant for the Mativanga union of Nazirpur Upazilla, excluding the petitioner, being daughters of the Freedom Fighters, should not be declared to have been done without lawful authority and as to why the respondents should not be directed to appoint the petitioner in t..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... appellant had no intention to show any disregard to the authority and dignity of the Court, rather he had all sincerity and bona fide in disposing of those rectification cases in accordance with law and that before proceeding with those cases he, by questioning the learned Advocates of the part..Category: Intellectual Property Law | Date: | Hits: 270
....ical distortion and makes no sense ‘and’ cannot be read for ‘or’ and ‘or’ cannot be read for ‘and’. Such reading of one for the other is not possible where the meaning of the relevant provision is clear or if such construction would operate to change the law.”
12. Mr. Khan, the ......ause as to why the Order No.55 dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this ..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....case of Mofazzal Hossain Mollah and others Vs. State, reported in 45 DLR (AD), Page-175, the case of Ustar Ali Vs. State,reported in 3 BLC(AD), Page-53. 14. Mr. Reza Uddin Khan, also submits that provision of sub-section (3) of section 164 of the Code of Criminal Procedure is mandatory one and n......e and sentencing them to death. 9. It is to be mentioned here that convict-Saiful Islam and A. Jalil alias Simul were all along absconding during trial and they were defended by the state defence lawyer and still they are absconding and also in this Court they have been defended by the State def..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....d raided without any warrant whatsoever‑Provisions of sections 96 and 98 violated." "No respectable witnesses of locality attending or witnessing searches and various raids conducted by police‑provisions of section 103 having been deliberately violated, recoveries could not be used against pe......ongst them 2 were seizure list witnesses. He also stated that in 'Lutfa house' there are 5/6 rooms possessed by Narayan Master on rent and the accused appellants are his relations and that there is a lawn by the side of the gate of 'Lutfa House' and to its north there is a ‘Puja Ghar' or temple. H..Category: Criminal Law | Date: | Hits: 75
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520....... of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis‑allowing th..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....amendment of the plaint which were also rejected by order dated 7.7.91 for non‑payment of CP Cost Tk. 1000.00 without considering the contents of the applications independently and that there is no provision in the Code of Civil Procedure for directing to pay CP Cost for the application under Orde......eal on contest affirming the order passed by the trial Court. 5. Mr. Khondker Saiful Hoque, the learned Advocate for the petitioner, submitted that the learned District Judge committed an error of law in not at all considering that the trial Court rejected the application without considering the ..Category: Procedural Law | Date: | Hits: 68
....rst trustee. The settler laid down the subsequent line a building in a portion of the said property appointing himself as the first Trustee. The settler laid down the subsequent line of Trustees by a provision made in the deed. After the demise of the first three trustees named in the deed the petit......iled by the appellant No.2 being suit No. TS No.56 of 1986. The question in the Court of Munsif, Manikganj to be decided in this appeal is whether the District Judge, Manikganj has jurisdiction under law to appoint the Administrator General and Official Trustee as the Trustee of Hemendra Lal Homocop..
Category: Trust/Waqf Law | Date: | Hits: 183
....of fact alone as held by the Tribunal. The Tribunal was not justified in holding that the question of granting rebate is a question of fact. Entitlement of rebate depends on the interpretation of the provision of law on the facts of each assessment year. The Income Tax Tribunal was not justified in ......ion vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question."
2. In view of our judgment i..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ranted to consider-whether a proceeding could be quashed under section 561A of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offenc..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....j Masud along with Mr. Sarder Abul Hossain, the learned Advocates appeared on behalf of the opposite party Nos.1-6. 7. Mr. Khayer, the learned Advocate, submits that after expiry of 90 days as per provision of the Limitation Act, in fact, the instant suit has been abated. Without prayer for setti......e defendant No. 4 transferred some portion of land to defendant No. 5. In the first part of May, 2007, at the instance of the husband of the defendant No.1, she brought the plaintiff in her father-in-law’s house. On 13.05.2007 the defendant No.1 and her husband gave proposal to the plaintiff to go..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....material question whether the application for pre-emption was barred by limitation. In the present case, certified copy of the impugned kabala shows that the kabala was registered on 9.10.2001 as per provision of section 60 of the Registration Act and the present case was filed long lapse of the sti......y filing written objection stating that the pre-emption application is not maintainable in its present form and manner mainly on 3(three) counts that; (i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning o..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....order, decision or action or making the decision on the matter by the higher administrative authority as the case may be. 15. It is the cardinal rules of interpretation that interpretation of any provision in isolation without taking into consideration the allied provisions is not permissible. ......s and the disputed affidavit, the authority finalized the petitioner’s date of birth as 09.08.1947. 11. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 12. We would like to give more explicit reply to the questions raised by the learn..Category: Administrative Law | Date: | Hits: 196
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