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Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....on of the Court. This is no doubt; a valuable statutory right available to the accused and it is by no means an idle ceremony or a mere routine-work for the trial Court. In view of the fact that this provision of law is intended for the benefit of the accused, the trial Court is under an obligation ......r. Faisal Mahmud Faizee, the learned Advocate appearing for the petitioners, submits that the learned Courts below without properly discussing and considering the material evidence on record erred in law in passing the impugned order of conviction and sentence and the same has occasioned failure of ..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....der or sentence of the High Court Division in a case to which clause (2) does not apply shall lie, only if the Appellate Division grants leave to appeal. (4) Parliament may by law declare that the provisions of this article shall apply in relation to any other Court or tribunal as they apply in r......d. 6. In these two review applications it is stated that the Appellate Tribunal did not consider the declaration form and further the Special Bench so constituted was not formed in accordance with law who heard that appeal, as such, the order passed by the Tribunal is coram non-judice. On these t..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... as ‘borrower’ and, for that matter, in case of default in repayment of such loan liabilities by the borrower-company such guarantor can be termed as a ‘default-borrower’ having regard to the provisions of sections 5 GaGa and 27 KaKa of the Bank Company Act, 1991, as amended, read with Artic...... included in the CIB report. We have perused the writ petition and the papers submitted therewith, considered the submissions of the learned Advocates for both the parties, and carefully examined the law and decisions cited by the learned Advocate for the petitioner. Section 5 (GaGa) of the Bank Com..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... section 34 of the Artha Rin Adalat Ain, 2003 provides details about civil imprisonment and warrant of arrest against a judgment debtor to compel him for payment of decretal amount, and therefore the provision of the Code of Civil Procedure is not applicable therein. The Executing Court in issuing t......tice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....rding permission for seizure of any banking documents is not available in the law. He then submitted that in the case of any document preserved and maintained by bank if required for such inspection, provisions of Bankers Books Evidence Act shall be applicable and according to sections 5 and 6 of th......mo No. 619/5 Cr dated 29‑5‑94 (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporate..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....ducation Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed the Secretary of the Ministry to peruse the papers and grant permission provisionally on condition of fulfillment of legal provisions within a reasonable period and on the ......ice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... of 1985) and having suffered imprisonment for about 9 years came out of jail due to general amnesty declared by the acting President of the country and, as such, the instant case is attracted by the provisions of Article 35(2) of the Constitution and the petitioner cannot be proceeded against by wa......sions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitione..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
....rd and it appears that the submissions of the learned Advocates are correct. The learned Advocates further submit that in absence of appointment of any lawyer to represent the accused in the case the provision of Legal Remembrance's Manual have been violated and as such the trial has been vitiated a......earned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The prosecution examined as many as 20 witnesses. During trial the condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of the state to defend him as it appe..Category: Criminal Law | Date: | Hits: 47
....e to comply with a definite order of ascertained sum. The complainants in the instant cases instead of proceeding under section 26 of the Employment of Labour (Standing Orders) Act, which is the only provision applicable in their cases made the complaints under different sections including section 5......Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing and this judgment ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion of title by Marani Paul on the basis of oral gift from her husband Chandra Kumar Paul is valid in law. The learned Advocate submits that since donor and the donee both belong to Hindu community, provision of Hindu Law being their personal law shall prevail over the provision of the Transfer of ......Suit No. 298 of 1983 and subsequently on the prayer of the plaintiff this suit was withdrawn. The defendant asserted that the plaintiff has filed this suit on the same cause of action which is bad in law. This defendant further asserted that one Prasanna Kumar Paul and the present plaintiff in collu..Category: Property Law | Date: | Hits: 51
....tioners, they cannot be compelled to appear before the Bureau of Anti-Corruption to face any sort of inquiry.
6. The second branch of contention raised is that the impugned notice issued under the provisions of sections 94/160 of the Code of Criminal Procedure is ex facie illegal and the Bureau o......n the respondents to show cause as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ubmission of any dispute arising from the agreement to the Chairman of the Chittagong Port Authority. Where an agreement provides that the decision of a party to the agreement shall be final for such provision can never be constrained to an arbitration clause in that an arbitration clause in an agre......e petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Bangladesh Gazette Part VI on 10-1-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to re..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....nt and since then they have been in possession of the land in question. The petitioners have no legal right over the land and the land cannot be released or de-requisitioned in their favour under the provision of law. When the land was lying vacant temporary lease was granted to the respondent No.9 ......assed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore,..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....ng to show that the accused appellants along with the charge sheeted accuseds namely, Md. Selim alias Montu and Nawshad Ali smuggled the seized Phensidyl from India to Bangladesh so as to attract the provision of section 25B of the Special Powers Act, or they were in any way connected with the recov......cused appellants under section 25B of the Special Powers Act as there is absolutely no evidence against them and the continuation of the proceedings should be an abuse of the process of the court and law for which this appeal should be allowed after setting aside the impugned order. Accordingly, ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
.... relevant CRF from the custody of Bank and thus arrived at a wrong conclusion for determining the value of the goods. 5. The CRF certificate is issued by the Pre shipment Inspection Agency as per provision as laid down under section 25 A of the Customs Act, 1969 which reads as follows: “Ass......12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Broth..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....g heard before any action is taken in respect of licences which were duly granted to him. But in the instant case it is clear and obvious that the licences were cancelled in flagrant violation of the provision of section 18 of the Arms Act as well as the principle of natural justice and, therefore, ......aka (Arms-Section) issued under the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a doub..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......eding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and serv..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....nder. It was one of the terms of the tender that outstanding loan is to be rescheduled as the liability to be undertaken by the purchaser. It is alleged that in the tender schedule there was specific provision under heading Treatment of Liabilities and in clause 5.1 it was stipulated that the long t......cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......ant Wahid Meah and accused Monnaf, since dead. He further stated that appellant Abu Jamal, appellant Wahid and late accused Monnaf are men of same house. Accused appellant Nannu Mia is the brother-in-law of appellant Abu Jamal and Wahid and he resides in their house as ‘Ghar Jamai’ (son-in-law) ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ny interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. For coming to a correct decision on the point at issue we may profitably refer to the provision of Order 23 rule 1(2) of the Code of Civil Procedure which runs as follows: “1. (1) A......his title in the suit land. 9. The learned Advocate for the opposite parties submits that the learned Subordinate Judge while passing the impugned ex parte order dated 10-6-1989 evidently erred in law in allowing the appeal and in setting aside the judgment and decree passed by the trial Court on..Category: Property Law | Date: | Hits: 88
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