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Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ntitled to the custody of the girl but in the absence of any positive and unequivocal order of the Courts below giving direction to hand over the girl to the petitioner and in view of the alternative provision made in the order for keeping her in judicial custody, the orders of the Courts below rega......ve provision made in the second part of the order of the Magistrate for keeping the girl in judicial custody. The learned Advocate, therefore, submits that the, Sessions Judge also seriously erred in law in maintaining the order of the learned Magistrate so far it relates to keeping the victim girl ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....n founded by the petitioners and 210 workers and workmen out of the workers and workmen employed under the Board, framed a constitution of the union and it was approved and the petitioners as per the provisions of section 5 of Industrial Relations Ordinance filed an application before the Registrar ......tion and one part‑time member to represent the integrated Rural Development Programme to be nominated by the Local Governmental Rural Development and Co‑operative Division. This Board under the law had the main function to organise the prospective consumers of electricity into formal and infor..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....dditional Bench, Bangladesh, Dhaka. 3. Before the Tribunal the department contended the DCT had full jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the provisions of sections 3, 4, 4A(C) and 2(14AA) of the income Tax Act, 1922. The assessee, on the oth......lared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on and from 26.3.1971 to the whole of Bangladesh the taxing authorities in Bangladesh had no lawful jurisdiction to tax the income, profit and gains of the previous year of the assessee which e..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......e must be held responsible for the death of his wife. No explanation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be reduced holding him responsible for the dea..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......e Penal Code against the appellants beyond reasonable doubt." 4. Mr. AFM Mesbauddin, the Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in maintaining the conviction and sentence of the petitioners in failing to consider that the al..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......uitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submitted that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and sentence on certain untenable a..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....llegations of dishonouring of a cheque, the learned Magistrate, on receipt of 2 charge sheets, split up the proceeding, one under the provisions of Negotiable Instrument Act and the other under the provisions of the Penal Code, arising in connection with the selfsame GR. Case No.490 of 2006, ari...... If the ingredients of any offence under the Penal Code arc present, the petitioner may be prosecuted accordingly, otherwise not. In the same manner if the ingredients of section 138 are present, the law will take it own course. The learned Magistrate is at liberty to proceed accordingly. Under s..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......absolute and set aside the order of the learned Additional Sessions Judge. 5. Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioners argues that the High Court Division erred in law in failing to appreciate that the learned Additional Sessions Judge accorded permission for wi..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ue to hemorrhage and shock resulted from above mentioned injuries which was ante-mortem and homicidal in nature". The learned Deputy Attorney General also argued that the High Court Division erred in law in observing that P.Ws.4 and 8 did not corroborate the testimony of the informant Sheuli Begum (..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....he respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication could be called in question in any Court other than under the provision of section 99B of the Cr.P.C. In the affidavit‑in‑opposition the respondent has stated......ting their religious beliefs and faith. The petitioner has submitted that every citizen has a right to follow, practice and preach his own thoughts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....quires only an opportunity to be given to defend himself and that the principle of natural justice does not automatically give to the affected person a right to second show cause notice unless such a provision is in the service rules or in the Parent Act. Undisputedly the plaintiff is not a Governme......aration that the plaintiff is still in service of the defendants on usual terms and conditions. 3) For cost of the suit. 4) For any other relief or reliefs which the plaintiff is entitled to in law and equity. 3. The defendants filed a joint written statement on 5.3.84. The case for the def..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the qu..Category: Procedural Law | Date: | Hits: 104
....ptable and constituted an Enquiry Committee to hold enquiry on 18.1.83. The respondent No. 2 further alleged that he was not given proper opportunity to defend himself which was against the mandatory provisions of section 18 of the said Act and he was thus denied the principles of Natural Justice. T......nts to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
.... when the amount becomes due then it is at first demanded from the principal debtor by the creditor and on his failure to pay the same the guarantor is called upon to satisfy the defendant. Under the provision of section 171 of the Contract Act "a bank in exercise of its right of lien may retain as ......et branch of defendant No. 1 never illegally or arbitrarily withheld the shipping documents and whatever time was required for the release of the shipping documents it was required to comply with the lawful formalities. So, the defendant No. 1 is in no way liable for the payment of Tk. 4000.00 as in..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
.... Sub‑continent and found that except the Patna High Court in AIR 1929 Pat, 565 (FB), all the High Courts have taken the view that appeals from orders in execution proceedings do not fall within the provisions of Order 22 rule 12 of the Code of Civil Procedure and that to such appeals the rules as ...... Court and by judgment dated 18.1.81 the said appeal was allowed and the judgment and order of the executing Court was set aside and directed to dispose of the execution proceeding in accordance with law. It further appears that no appeal was preferred by the judgment‑debtor against the aforesaid ..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....se are initially the first ground and the second ground taken in the petition itself. It has been further argued that the continuation of the present proceeding is in gross violation of the mandatory provision of section 241A of the Code of Criminal Procedure and thus need be quashed. No further gro......me of 7 days staling reasons for not appearing before the DIG. Prisons as directed by the Government, by his letter dated 28.1.91 and 28.3.91 where it has been stated that due to deterioration of the law and order situation at the Dhaka Central Jail at that time the petitioner for his personal safet..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....em report must, therefore, be excluded from our consideration of the Prosecution case." 16. Thus we find that in the present case there IS nothing which shows that there has been compliance of the provision of section 509A Cr.P.C. and therefore we hold that the post mortem report has been illegal......ecting the occurrence to be one of murder Nawab Miah, the father of the deceased, lodged an information with the Sutrapur Police Station claiming that his daughter has been murdered by his son‑in‑law or by someone in her father-in‑law's house and accordingly UD Case No. 8 dated 17.4.80 was sta..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....eputy Commissioner, Dhaka, who had nothing to do with the abandoned firms and companies. He further submitted that Acting President's Order No. 1 of 1972 was amendment by PO 151 of 1972 detailing the provision regarding publication in the Gazette notification with effect from 3.1.72 for taking over ......dustries Ltd by virtue of Government orders dated 16.9.72 and 18.10.72. In our view the aforesaid pleading was very clear and sufficient to understand the defence case and there was no requirement of law at the time of filing the written statement on 3.7.1978 by defendant No. 1 to produce in Court a..Category: Property Law | Date: | Hits: 69
....basic pay fixed by the third Wage Board. Such award cannot be said to be an award of the fourth Wage Board which was one sided. The constitution of the fourth Wage Board is contrary to the scheme and provision of the said Act, especially section 9 thereof and the decision of the said Board in respec......t be declared unconstitutional and/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is that the petition..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., the learned Advocate appearing for the accused petitioner submits that the taking of cognizance of the offence under section 295A of the Penal Code is absolutely without jurisdiction in view of the provision of section 196 of the Code of Criminal Procedure and as such the initiation and continuati......ovision of section 196 of the Code of Criminal Procedure and as such the initiation and continuation of the original proceeding against the accused petitioner and others is an abuse of the process of law and Court and hence the criminal proceeding is liable to be quashed to secure the ends of justic..Category: Criminal Law | Date: | Hits: 70
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