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Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......di and others reported in 45 IA 73. Hence, that finding is final and conclusive and cannot be disturbed in this second appeal. His next submission is that the lower appellate Court committed error of law in holding that the interest of the defendant Nos. 5‑6 to the extent of 1.26 acres of land was..Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
.... above Ordinance speaks that the corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh for a perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said na......in such property absolutely, temporarily or on hire or by hire‑purchase or on installment or on such other terms and conditions as may be approved by the Board. 9. On the aforesaid provisions of law, Mr. Khairul Hoque submits that the petitioner being a corporate body created under the aforesai..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petitioner company was nationalised under provisions of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the management......jheel Commercial Area, Dhaka disallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should not be declared to have been made without lawful authority and is of no legal effect. 2. Petitioner No. 1 Company is a public limited Compa..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....eir signatures on the summons. No summons were issued under registered post. From the above it appears that the fixing of ex parte hearing date on 29.1.87 by an order dated 30.9.86 is contrary to the provisions of Order 9 rule 6(c) of the Code of Civil Procedure which finds support from the case of ......early appears that the application under Order 9 rule 13 of the Code of Civil Procedure was filed within the statutory period. So, we find that the learned Subordinate Judge has committed an error of law in computing the period of limitation in the present case. The learned Subordinate Judge further..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... for further investigation of the case and as such further investigation into the offence was stopped on the expiry of the specified time and also the time extended under sub‑section (5) and as per provision of section 167(7) of the Code of Criminal Procedure and hence the District Anti Corrupti......was illegally arrested under section 54 CrPC by the police and the District Anti‑Corruption Bureau has no authority either under the provisions of the Anti‑Corruption Act, 1957 or under any other law to secure to arrest except under section 5A of the Anti‑Corruption Act, 1957 which provides th..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....eriors will not be an offence and may at best be a misconduct for which the appellant could be departmentally proceeded with. In this connection we may refer to section 94 of the Penal Code. The said provision of law provides that a persons is excused of the consequences of an act except murder and ......ount for Tk. 6,38,518.31. In our opinion, for such shortage he will be guilty of breach of trust as he is bound to account for cash and every pie entrusted to him. Learned Advocate failed to show any law or decision in support of his contention for that if the prosecution failed to prove its case of..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......t any act of the detenu to be prejudicial to the economic interest of the State but it is stated that he was detained with a view to preventing him from doing any act prejudicial to public safety and law and order. There is, therefore, no nexus between the purpose of detention as mentioned in Annexu..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ...... Khatian Nos. 1807. 1887, 1819, 1847, 1886 and 1806 within mouza Boyra, JL No.12 situate of Joragate under Upazila Doulatpur in Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to r..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....tive appeal case. The learned Additional Attorney General finally submitted that the Administrative Tribunal ought to have held that the instant case is a case of waiver and dot not come within the provision of Administrative Tribunal Act, 1980 as the impugned action was barred to be challenged be......f 1986, the said Martial Law Order No.9 along with other Proclamations, Martial Law Regulations, Proclamations Orders, Chief Martial Law Administrator's Orders, Martial Law Instructions and all other laws made during the period of the 24th March, 1982 to 11th November, 1986 i.e. the date of commence..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....Ordinance was legally instituted and the Respondent 1 acted within its jurisdiction in passing the impugned judgment and order. 8. The contentions raised at the bar lead us to examine the relevant provision of law. Admittedly the IRO Case No.6 of 1985 was filed under section 34 of the said Ordina......ourt, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2. This Rule arises, in short, out of the following ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....namely, Bangladesh Commerce and Investment Company Limited a 'no objection' certificate to the establishment of the said investment company in the private sector was issued stating that the following provisions must be incorporated in the Articles of Association and the procedure laid down in the sa......aud and illegally representing itself as a Commercial Bank and also by illegally opening depositor's bank accounts both current and fixed deposit. The accused, his wife Shahnaz Akhtar, his son‑in‑law Md. Amirul Islam and his henchmen are the Directors of BCI Limited. The accused petitioner and h..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....red by the Appellate Division in an appropriate case. Mr. Salehuzzaman further submits that the award is a nullity inasmuch as in determining the compensation the arbitrator had not complied with the provisions of section 7(e)(i) of the Emergency Requisition and Acquisition of Property Act and as su......e this very case when the Judge held that the installation of a full central heating system was not a structural alteration or addition'. We all think, all three of us, that he went wrong in point of law. He misconstrued those words. That error can be described on the one hand as an error which went..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
.... to imprisonment for a term of riot less than two years and in law he has defaulted in paying any loan taken from the bank. Therefore, non‑payment of bank loan is a disqualification and under the provision of section 10 he would be deemed to be a person not qualified to be elected under section ......) (g) of the Ordinance, 1977 to file his nomination paper on 5.1.93 as on that date he was a defaulter in paying his loan and as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Moudud Ahmed, the learned Counsel appearing for respondent No.4 submitted that in the..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... and the order dated 6.10.85 of the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation r..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must satisfy itself that the articles to be sold must b......tation to hold that the salt and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must satisfy itself that t..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
.... so if time for filing the appeal is computed from the date of knowledge of the petitioner. Mr. AFM Shahid, the learned Deputy Attorney‑General appearing for the State, drawing our attention to the provision of section 30 of the Special Powers Act argued that section 29, sub‑section (2) clauses ......ling an appeal is to be counted from the date of knowledge of conviction. The above view is taken in an appeal arising out of a case under section 457 of the Penal Code in respect of which no special law of limitation has been prescribed. In the case of the above nature where limitation has not been..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....ated 28.11.91 under section 3 of the said Ordinance to acquire 24 decimals of land of the petitioner No.1 and 10 decimals of land of the petitioner No.2 for collateral purpose and in violation of the provisions of the said Ordinance and approval under section 5(1) thereof was given before issuing no......l Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common ques..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as sent to the Divisional Special Judge, Khulna and was registered as Special Case No.18 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.5.2003 and proceeded with trial. The prosecution in order to prove its case ex..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as sent to the Divisional Special Judge, Khulna and was renumbered as Special Case No.16 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 5.6.2003 and proceeded with trial. The prosecution in order to prove its case exa..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s sent to the Divisional Special Judge, Khulna, and was renumbered as Special Case No.13 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.4.2003 and proceeded with trial. The prosecution in order to prove its case ex..Category: Criminal Law | Date: | Hits: 86
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