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Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....ored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure clearly bars alteration of a judgment in ......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....ored for re-hearing again. Impliedly it means reviewing of the judgment already passed and signed. There is no mention of any section in the cause of title or prayer portion of the said petition. The provision of section 369 of the Code of Criminal Procedure clearly bars alteration of a judgment in ......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
.... by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and provisions of sections 6 and 19 and 21 of the Securities and Exchange Ordinance 1969, rule 8 of the ...... of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....ntly the petitioner was constrained to file this application under section 43 of the Companies Act. 8. Dr. AKM Ali, the learned Advocate appearing on behalf of the petitioner, submits that as per provision of Article 40 of the Articles of the Association of Dhaka Stock Exchange Limited, if it re......ies Act, 1994 and by asking the petitioner to submit succession Certificate or Nadabinama after long 1, years they have acted beyond their authority, under their Articles of Association and under the law. 21. Mr. Rabindra Ghosh, the learned Advocate appearing on behalf of the respondent No. 1, su..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......ns made by the relevant authority calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law i..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....f that after the auction purchase the plaintiff did not get possession in the land as the under tenancy which is an encumbrance against the certificate purchase had not been annulled according to the provision of Bengal Tenancy Act. The plaintiff further averred that during the plaintiff’s minorit......inability of the suit in view of the provision of section 66 of the Code of Civil Procedure and his clear conclusion, considering pleading, is that the suit is barred under the aforesaid provision of law and dismissed the suit, From the judgment and decree of the trial Court the plaintiff appealed t..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....lia, held as follows; “Although a power conferred upon the revisional authorities mentioned therein under section 53 of the Act is not in general terms, it is always conditional upon the various provisions of the Act itself. Consequently, the provisions of sections 7, 22, 23, 25, 36, 37 of the ......(Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25..Category: Property Law | Date: | Hits: 107
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....) was not validly served. Since the plaintiff and the defendant’s marriage still subsisting the plaintiff is entitled to a decree. The learned Judge observed that upon necessary modification of the provision of section the wife while wants to exercise her right to divorce she should serve notice u......on of conjugal right and also for declaration that the divorce pronounced by the wife is illegal such direction for restitution of conjugal right as consequential relief is wrong and unenforceable in law. Such direction in matters of relationship between man and wife no longer holds good and is oppo..Category: Family Law | Date: | Hits: 180
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......ct matter. The frame of the suit itself is necessary to be taken into consideration before deciding whether the suit is triable by the Small Cause Courts Act Court or not. It is a settled question of law that Court of Small Cause is not entitled to consider the question of title but incidentally it ..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....United Commercial Bank in accordance with Article 48 of the Uniform Customs and Practice for Documentary Credit (UCP) complied by International Chamber of Commerce (ICC). Although the widely used UCP provisions in themselves do not have any force of law, under the general principles of the law of co......ew of the consistent assertion by the plaintiff that the defendant No. 1 acted as the agent of the overseas buyer of garments as well as of the overseas supplier of fabrics and accessories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the oppos..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214....... point was already framed by the trial Court." With the aforesaid observation their Lordships allowed the appeal and sent the case on remand to the High Court Division for disposal in accordance with law. The aforesaid observation by their Lordships left a clear indication that a co-sharer loses his..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ubmits that in view of the bar of suit imposed by section 12 of the Trade Organisation Ordinance of 1961 (Ordinance No. 45 of 1961), the suit is not maintainable and since it is barred under the said provision, the learned Judge erred in law in not rejecting the plaint. So far the orders of injuncti...... imposed by section 12 of the Trade Organisation Ordinance of 1961 (Ordinance No. 45 of 1961), the suit is not maintainable and since it is barred under the said provision, the learned Judge erred in law in not rejecting the plaint. So far the orders of injunctions are concerned, the learned Advocat..Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....led in a form different from that which was captioned the final report under section 173 of the Code of Criminal Procedure. The form in which the charge-sheet was filed does not appear to contain any provision of law. We unsuccessfully looked for the Criminal Rules and Order. We were told, the Rules......th eyes of Abdur Rouf. After staying some days in hajat, he was released on bail. 2/3 months, after, he went to the village with his daughter Firoja Begum and stayed in the house of his father‑in‑law. 3/4 days thereafter, they came to his house and at the time he went to Ryanda Bazar. Abdur Rouf..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....ing but in this case the notice was not served within 15 days from the date of 1st bouncing though the cheque was bounced or dishonoured for the last time on 3‑1‑1999. He further submits that the provision of section 138(b) of the Negotiable Instruments Act is to be complied with after bouncing ......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200...Category: Criminal Law | Date: | Hits: 28
Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)
....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ...... of the certified copy and others who are responsible for the fraud under section 195(1)(c) read with section 476 of the Code of Criminal Procedure and for taking necessary actions in accordance with law. 7. Let the concerned original certified copy bearing P.C.No. 941 of 2009 of the judgment and..Category: Criminal Law | Date: | Hits: 70
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......adesh for a short visit leaving his wife and minor children in the USA and that at the instance of his enemies the police out of greed and avarice cooked up false cases against the appellant who is a law abiding and peace loving citizen having no criminal record. He further submits that the allegati..Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......ction 115 of the Code of Civil Procedure and obtained the Rule as stated above. 8. Mr. Ashfaqul Islam, Advocate appearing for the petitioner mainly submitted that the Count of Appeal blow erred in law in affirming the decision of the Waqf Administrator by cancelling the appointment of the petitio..Category: Trust/Waqf Law | Date: | Hits: 174
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....t be cross-examined by the defence. 10. He secondly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of ......mined by the defence. 10. He secondly, submits that the admitted signatures of any of the parties were not taken on the order of the Court or in presence of the Coat, contrary to the provisions of law. 11. He next submits that according to the prosecution the thumb impression of Kallani Rain B..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ember of the undivided Tahbildar family although he has become a co-owner or co-sharer in the suit property. 9. From the contentions of the learned Advocate of both the parties it appears that the provisions of section 4 of the Partition Act can be applied to the present case only if the share wh......o not proper for the trial Court to arrive at such a finding relying on the notes appearing in the book, “Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failur..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
....existing at the time of their respective appointments and hence the question appointment as permanent workers does not arise inasmuch as the permanent post are to be created by the Bank and financial provisions are to be made for such posts and appointees. In the instant cane appointments were made ......ates of the respective parties held that the petitioners are permanent workers appointed by the Bank and accordingly, directed the petitioner Bank to allow the petitioners benefits in accordance with law. 4. Being aggrieved the Bank moved this Court and obtained the Rules. 5. On behalf of the ..Category: Labour and Industrial Law | Date: | Hits: 134
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