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Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....that the Bangladesh Sports Council is a local authority (as defined in section 3 (28) of the General Clauses Act, 1897) within the meaning of Article 102(2)(a)(ii) of the Constitution (in view of the provision of Article 152(2) of the Constitution) because it is a statutory authority set up under a ......-৮-৯০ ইং তারিখে অনুষ্ঠিত খেলার পয়েন্ট বাযেয়াপ্ত করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforceme..Category: Constitutional Law | Date: | Hits: 165
....is application under section 34 of the Ordinance would appear to be barred. The bar comes from the definition of the word 'worker' as provided in the Ordinance as well as its object, scheme and other provision."
9. The same view had been taken in the case of Administrator, Omar Sons Ltd. Vs. The ......ision and order dated 15.2.90 (Annexure‑E) passed by respondent No.1 the Chairman, Third Labour Court, Dhaka in IRO Case No.33 of 1987 shall not be declared to have been made illegally, without any lawful authority and to be of no legal effect.
2. Respondent No.2 Abul Hossain filed IRO case No...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....trued as an inculpatory confessional statement and as such no reliance can be placed on the same. He submits that this confessional statement has not disclosed any offence punishable under any of the provisions of the Penal Code. 6. It is the definite case of the prosecution that Abdul Hakim has ......e prosecuted. He argued that the system of obtaining sanction has been introduced to stop vexatious prosecution. But here in the present case it appears that sanction was given not in accordance with law and that has made the entire prosecution invalid. 4. The learned Advocate further contends th..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ing fraudulently if he does it with injury or loss to some person. Section 44 of the evidence Act lays down not only rule of law relating to the Evidence but also rule of procedure. Section makes the provision for impeaching on the ground of fraud documents Interparties. Under section 44 of Evidence...... undue and unconscionable advantage is taken by another. A person does a thing fraudulently if he does it with injury or loss to some person. Section 44 of the evidence Act lays down not only rule of law relating to the Evidence but also rule of procedure. Section makes the provision for impeaching ..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....he assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in interpretation of provision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circu......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....nstituted suit between the same parties, the trial Court has jurisdiction to maintain the application under section 10 CPC as the same is maintainable for the simple reason that the intendment of the provision of section 10 is to prevent the Court simultaneously adjudicating upon in respect of the s......ring the parties by the impugned order rejected the application giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have fill..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......de on 21.11.85 and Nazmul Huda filed a written objection to the petition on 23.11.85 disclosing that "the petitioner filed this Misc. Case through his attorney. But due to mistake by oversight of the lawyer at the time of draft of the petition it was not written that Jagannath Banerjee represented t..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
.... was placed under suspension there was no existence of the Managing Committee, its term having expired, it may be stated that in case of expiry of the term of the Managing Committee there is specific provision to appoint an ad‑hoc Committee and also a new managing committee, in the Board of Interm......ing as the Assistant Headmaster of Uttar Kafrul High School and appointed the respondent No.4 Mr. AKM Kader, an Assistant Teacher of the said School, in his place has been challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed a..Category: Employment/Service Law | Date: | Hits: 59
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......plaintiffs' kabala Ext. 1C is a void document under section 28 of the Registration Act inasmuch as insignificant portion of land has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurrently held that..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... that trial Court, by cogent reason decreed the plaintiffs claim for declaration of title and confirmation of possession. It is further submitted that the learned lower appellate Court misapplied the provision of section 28 (2) of Registration Act in disregard of the fact that kabala Ext. A was regi......y to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in fact and law in not holding that the kabala Ext. 2 of 1947, by plaintiffs predecessor Md. Raushan Ali in favo..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....itioners, submitted that the offences under sections 147, 323 and 447 of the Penal Code are exclusively triable by the Village Court under the Village Courts Ordinance, 1976, and in view of the clear provisions of the said Ordinance the trial Court and the Sessions Judge acted illegally and without ......em total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly armed with various weapons and attacked Eshaque and beat him at the order of the acc..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....the Code of Civil Procedure and re‑enactment of section 115 of the Code of Civil Procedure in its new garb, the powers of the High Court has increased to a large extent. Now under the newly amended provision as made in section 115 of the Civil Procedure Code, the grounds for interference has been ...... trial Court and allowed the appeal. 5. Mr. Syed JR Modassir Hossain, the learned Deputy Attorney General appearing for the petitioner, submits that the Court of appeal below committed an error of law in not adverting to the findings of the learned trial Court with proper and sound reasonings. Mr..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......ed to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shall not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents shall not be directed to absor..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....ossession. Subsequently, when the decree-holder or auction-purchaser is met with obstruction or resistance in obtaining possession, one of the options open to him is to apply under rule 97 but that provision is merely permissible and not mandatory and it is open to the decree‑ holder/auction ‑...... petitioners who are third parties to make any independent application under rule 99 seeking adjudication of their alleged claim. Accordingly, we find that the impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executi..Category: Civil Law | Date: | Hits: 89
....dated 7.7.91 (Annexure‑A) affecting petitioner's interest and right to office was issued without giving any notice to the petitioner and without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken......spondent No.1 Vice‑Chancellor of the BUET suspending the operation of the order dated 18.6.91 appointing the petitioner as professor on probation shall not be declared to have been made without any lawful authority and to be of no legal effect and why the respondents shall not be directed to cance..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....ate the case there was no illegality in the process of investigation of the case, the High Court Division erred in law in quashing the proceedings; (b) The High Court Division misinterpreted the provisions of section 39 of the Narcotics Control Act, 1990 and thus erred in law in quashing the im......assed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. These two appe..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ct shall be deemed to constitute a complete agreement between the parties thereto and shall supersede all previous negotiations and documents relating to the contract, that in the contract there is a provision for arbitration and as writ-petitioner has not exhausted the forum of arbitration, the w......ntract there is a provision for arbitration and as writ-petitioner has not exhausted the forum of arbitration, the writ petition is not maintainable. Article 19 of the agreement provided that the laws of Spain will be attracted in giving effect to the agreements, that the draft copy of the agree..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....some public importance as there has been no pronouncement by this Division. 7. Section 5 of the Act has dealt with the provisions of establishment of the Administrative Appellate Tribunal. The provision for filing appeal by an aggrieved person against the order or decision passed by the Admin......ondent. 6. In the background of the case as stated hereinbefore, the only point to be decided in this petition for leave to appeal is whether any limitation has been prescribed for in the relevant laws, namely, the Administrative Tribunal Act, 1980 (the Act) and the Administrative Tribunals Rul..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ents without having any other consideration. Even in the second agreement, the names of the petitioner Nos.2‑5 have found place in paragraph No.1. For the reasons discussed above and in view of the provisions of section 38, I am of the view that the petitioners are competent to invoke the jurisdic......espondent No.1 had failed to perform his part of the agreements. The petitioners have categorically stated in their application that in pursuance of the aforesaid two agreements, though in the eye of law one agreement, the petitioners have fulfilled all the terms and conditions and they transferred ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... petition. 11. Mr. Aminul Huq, learned Advocate appearing for the petitioner, submits that the order of cancellation of the passport of the petitioner having not been passed upon compliance of the provisions of sub‑Articles (1) and (4) of Article 7 of the said Passport Order No.9 of 1973, the i......n the list of the persons who were not to be allowed to avail the privileges of passport. 8. On the backdrop stated above, it is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad..Category: Constitutional Law | Date: | Hits: 288
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