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Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....a similar advantages in the vicinity during the twenty‑four months preceding_ the date of publication of the notice under sub‑section 1 of section 4:" (Emphasis, supplied). 26. Under the above provisions of the laws, which are in Para Materia, for the purpose of acquisition, the price of the ......or Advocate, challenged the order on various grounds. 13. He submitted that when the gazette notification was published on 31‑8‑2000 finally acquiring the land, the learned Arbitrator erred in law in not determining the price of the land with reference to the date of such notification only. ..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
.... simply because the stage for adducing defence evidence has not yet come......................The order of discharge is, therefore, not sustainable in law as it is based on gross misconception of the provision laid down in section 241A Cr.P.C. "(Para‑4). The learned Magistrate should have, therefo......omplaint, statements of witnesses recorded during judicial inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused o..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......dence and also after examination of the accused‑appellants under section 342 of the Code of Criminal Procedure there was no scope for consideration of the aforesaid petition which is not tenable in law. 3. Being aggrieved by that order the accused-appellants have preferred this appeal. 4. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... and that before cancellation of the licence by the District Magistrate no notice was issued to the petitioner. Referring to the order of cancellation he submits that it has been made contrary to the provision of section 18 of the Arms Act and that the order of cancellation is mala fide, made at the......tioner's licence to possess arms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the pet..Category: Criminal Law | Date: | Hits: 63
....e members were compelled to resign from the Union and those resignations came through Mr. Siddique Rahman, Assistant General Manager of respondent No.3 which constituted unfair labour practice as per provision laid down in section 15 of IRO and that the Labour Court did not examine any of the member......ition and the judgment and order dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
...., 48 DLR 446 that "therefore, the intention to kill is lacking and it is not a culpable homicide amounting to murder but is a culpable homicide not amounting to murder. Therefore, it falls within the provision of section 304 Part II of the Penal Code". Considering the facts and circumstances and the...... the condemned prisoner has the requisite intention to murder Jannati the impugned order of conviction and sentence of the condemned prisoner under section 302 of the Penal Code is not sustainable in law. 8. Mr. Golam Kibria, Deputy Attorney-General, appearing with Ms. Snigdha Huq, Assistant At..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... 10. I have carefully gone through the impugned order as well as other materials on record. It appears that the learned Senior Assistant Judge duty considered all material aspects of the case and the law bearing on the subject and passed the impugned order on assigning cogent reasons. 11. Sectio..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....here the seller and the buyer have no interest in the business of each other and the price is the sole consideration for sale or offer for sale, shall be the value". 10. It is clear from the above provision that customs duty is to be levied on the actual price or the nearest equivalent of such pr...... hesitation to say that the impugned order for assessment of the customs duty on the basis of tariff value, which was 1.4508 at time of the invoice value, is arbitrary, illegal and not sustainable in law. 13. With regard to the maintainability, we find the very constitutionality of the notificati..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....d by the registration authority, the customs authority has got sufficient power to determine the value of the merchandise on the basis of tariff value. 4. The High Court Division discussed various provisions of the Customs Act and found that Section 25 (A) of the said Act contains provision for g....... In such view of the matter the question whether notification dated 4th of June, 1998 is retrospective or; not is irrelevant inasmuch as even if it is retrospective it cannot be applicable to a dead law which is notification No.33. 14. In such view of the matter we find no substance in these app..Category: Fiscal/Taxation Law | Date: | Hits: 86
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....has been sought. The application as framed and filed was not maintainable. The High Court Division also failed to consider that the School authority, has passed the dismissal order complying with the provisions of the relevant Service Regulations, 1979 and that the impugned order has been passed by ......espondent No.5) directing to take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....he meaning of the arbitration clause 18 of the contract, which can only be decided by the Tribunal of the MCCI as agreed by the parties only in accordance with said arbitration clause. In view of the provisions of sections 7 and 10 of the Act, further proceedings of the suit is to be stayed and the ...... statement. The Corporation has also referred further claim upon which a notice in case No. G‑5 of 2002 was already issued upon the plaintiff. He finally submits that the Subordinate Judge erred in law in not staying the proceedings of the suit and referring the matter to the Tribunal of the MCCI,..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... impugned order was pleased to reject the said application on the grounds that the plaintiff has sought correction of the plaint after 35 years from the date of the decree, which is not acceptable in law and is beyond the jurisdiction of his Court. Thus he rejected the application, which is now chal..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....ere identified by some of the witnesses and his signature in the report dated 6‑4-1994 is marked exhibit 2/1. This witness in his cross examination deposed that TI parade was conducted as per the provision of law. 22. PW12 Md. Zafor Ullah was OC Baskhali on 16‑12‑1993 when he filed the ca......d by some of the witnesses and his signature in the report dated 6‑4-1994 is marked exhibit 2/1. This witness in his cross examination deposed that TI parade was conducted as per the provision of law. 22. PW12 Md. Zafor Ullah was OC Baskhali on 16‑12‑1993 when he filed the case as per the..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....ceeding of which has been called for by itself or which otherwise comes to the knowledge of the Court, High Court Division in its discretion may exercise any of the powers vested in it under the said provision of law. 11. On perusal of the aforesaid provision of law it appears that this Court in ......d framing of charge against the remaining three accused in Sessions Case No.10 of 2000 should not be set aside and the charge framed on 20‑4‑2000 should not be amended/modified in accordance with law. 2. The Petitioner as informant lodged a first information report with Rajapur Police Station..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....ns Judge also observed that the trial Court i.e. the Metropolitan Magistrate, would be at liberty to give the truck in Jimma of the person in considering the ownership of the truck in question as per provision of section 561A of the Code of Criminal Procedure. 6. The learned Advocate for the accu......d the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by the opposite party No. 2 informant and not in accordance with law is liable to be quashed. He further submits that the FIR, in fact, does not disclose any offence..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
.... on the ground of inadequate and inadmissible evidence on record to establish the charge of 2nd marriage against the opposite parry No.1. No further appeal against such acquittal lies under the legal provision. Section 417(2) of the Code of Criminal Procedure does not contemplate any scope of prefer...... the learned Session Judge has allowed the appeal reversing the judgment of conviction and sentence without proper consideration of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd ..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....nsel appearing on behalf of the petitioner, firstly, submits that the petition of complaint is not tenable in the eye of law as it was filed by the attorney of the Bank. He secondly, submits that the provision of section 247 of the Code of Criminal Procedure has direct application under the facts an......earned Metropolitan Magistrate, Dhaka. 3. Mr. Mahbubey Alam, the learned Counsel appearing on behalf of the petitioner, firstly, submits that the petition of complaint is not tenable in the eye of law as it was filed by the attorney of the Bank. He secondly, submits that the provision of section ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....f consent of the court in allowing withdrawal, it may be mentioned that section 6(1) of the Act was previously as follows: "Procedure in Trial of Cases and Powers of Special, Judge.‑ (1) The provisions of the Code of Criminal Procedure, 1898, except those of Chapter XXXVIII of that Code, sh....../461/468/491/109 of the Penal Code read with section 5(2) of Act II of 1947. After investigation chargesheet was submitted against the accused petitioner and others, under the aforesaid sections of law. Charges have been framed against the petitioner and others under sections 420/109/468/109/471/1..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....at the alamats Exhibits 2, 3 and 7 have been seized in connection of this case. 23. Mr. MA Malek, learned Counsel, submits that the evidence of PW 2 must be excluded from consideration because the provisions of sections 337 and 338 of the Code of Criminal Procedure have not been complied with. He......e statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW 2 as an approver in the case. In support of his contention he has cited some deci..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......y Judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there are not intended to be exposition of whole law but governed or qualified by the particular facts of the case in which such expression occurs. W..Category: Criminal Law | Date: | Hits: 54
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