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State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ccused persons in furtherance of common object in collaboraÂtion with each other killed Rokeya Begum. d. It was a pre‑planned and cold‑blooded murder. 11. Learned Sessions Judge under the provision of section 374 of The Code of Criminal Procedure referred the Death Sentence matter to thi......ionship again became very much wooden between accused Shah Alam and deceased Rokeya Begum. Informant PW 1 Abdul Gafur purchased 0.02 acres of property at local Aswadia Bazar in the name of his son-in-law accused Shah Alam on a consideration of Taka 9,000 and accused Shah Alam started a tea stall the..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......Serial Nos. 1 and 2 and transfer of the petitioner from the present working station at Khagrachari to Rangamati Operation and MainÂtenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....Channel, namely NTV. This clearly showed the discriminatory policy the respondents have been taking against the petitioner at the instance of certain interested quarters although there is a mandatory provision under section 36(2)(b) of the Bangladesh Telecommunication Act, 2001 against any discrimin......l the Writ Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgment. 2. Wri..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....e Code, to order for an inspection. We heard the teamed Counsels at length. We have also read the case as relied upon by them' In order to appreciate their submissions, we first need to refer to both provisions of Order XXXIX rule 7 and Order XXVI rule 9 of the Code. Order XXXIX rule 7 reads- "7........ 10. Mr. Hossain took us through the plaint and all other applications filed by the plaintiff. He also read Order XXVI and XXXIX of the Code. He submits that learned Joint District Judge erred in law in allowing the application for local inspection of such facts and incidents which could only be..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....and important question of law centering round the holding of the AGM was brought to the notice of the Chairman designate and waiting for this guideline so that the AGM can be held smoothly and as per provisions of the Act but at no point of time the Chairman designate did co‑operate with them nor ......llenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No. '1482 of 2003 and it was brought to the notice of the Chairman designate th..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... record ultimately, came to the file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-appellants and four others under same sections of law and read it over to the accused in the dock to which they pleaded not guilty and demanded trial...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......ppellant) used to torture the former (deceased) both mentally and physically over dowry. The further case of the prosecution is that in last Ashar, 1399 BS the accused-appellant and her (deceased) in-laws forced her to go for bringing dowry from her father's house and in pursuance of that she brough..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and selling banned polythene shopping bags, violated the provisions of section 6 Ka of the Bangladesh Environment Conservation Act, 1995 (বাংলাদà......to any Court, whether with or without the approval of his higher authority. 4. We have carefully perused the application, supplementary affidavit, the annexures thereto and considered the relevant laws (as amended to date) and also the related circulars. It may be mentioned that these circulars a..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....e their operation only to first-appeals. If this is not done, and an 'appeal' is held to include a second appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and her......e Petitioner Bank obtained latter Rule. 12. Taking us through the records, Mr. Ajmalul Hossain, learned Senior Counsel for the petitioner Bank, submitted that the trial Court committed an error of law in rejecting the application for temporary injunction and vacating its earlier order of status q..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....the definition of "Worker" as defined in the Employment of Labour (Standing Orders) Act, 1965 and that the services of the plaintiff were not required by the bank and as such he was terminated as per provision of service rule of the bank and the order being a termination simpliciter the plaintiff wa......he bank and as such he was terminated as per provision of service rule of the bank and the order being a termination simpliciter the plaintiff was entitled to get benefits admissible to him under the law. 4. The learned Munsif (now Assistant fudge) after hearing the parties dismissed the suit by ..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....determine, after five years' continuous absence from duty, elsewhere than on foreign service in Bangladesh, whether with or without leave, a Government servant cease to be in Government employ". This provision shows that other than on foreign service or in case of a person who has been condoned from......he date of his filing the petition before the Administrative Tribunal. In the context of the matter, the learned Additional Attorney General argued that the Administrative Appellate Tribunal erred in law in maintaining the direction of the Administrative Tribunal in failing to consider that the resp..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....ic penal section has been prescribed. We also do not find any specific section in the Penal Code prescribing punishment for assembly of miscreants numbering upto four for committing although specific provisions for punishment for assembly and preparation for committing dacoity have been provided in ......r for committing although specific provisions for punishment for assembly and preparation for committing dacoity have been provided in sections 399 and 402 of the Penal Code. This important aspect of law has so far escaped the attention of all concerned. It appears to us as an accidental omission in..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....permanent injunction against the defendant by virtue of Waqf deed claiming that the plaintiffs had been in possession of the suit premises for a long time as family members of the Waqf and there is a provision in the Waqf deed that the successors of the Waqf are entitled to reside in the house of th......n the averments made in the application of defendant No. I which is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....ant Inspector of the DAB who received the case records from his predecessor. On obtaining proper sanction the appropriate authority, he submitted charge against the accused persons under the relevant provisions of law. 32. P.W.12 SI Md. Nurul Islam is just a formal witness who filled in the FIR f......of the DAB who received the case records from his predecessor. On obtaining proper sanction the appropriate authority, he submitted charge against the accused persons under the relevant provisions of law. 32. P.W.12 SI Md. Nurul Islam is just a formal witness who filled in the FIR form. 33. ..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......ny period of limitation for filing a revisional application under section 439 of the Code of Criminal Procedure but following the long standing practice, which has by now practically become a rule of law, this Court regards 60 days as the period of limitation for filing a criminal revision as provid..Category: Criminal Law | Date: | Hits: 32
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....er section 161 of the Code of Criminal Procedure by an officer other than the Investigating Officer can not be used by the prosecution in evidence and should be expunged. The law point is whether the provisions of section 205C is a bar for using those documents in evidence at the time of trial which......ertified copies. Mr. Faruque then produced original statements before the Court which were also shown to Mr. Khandker Mahbubuddin Ahmed, one of the learned Advocates for the petitioners. 5. On the law point, the view of the learned Deputy Attorney-General and Mr. Anisul Haque is that due to non-t..Category: Criminal Law | Date: | Hits: 45
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....riqullah the said application was allowed but no Affidavit-in-Opposition has been filed. 2. Mr. Mahbubur Rahman, the learned Counsel appearing for the petitioner, has submitted that in view of the provision of section 55(3) of the Marine Fisheries Ordinance, 1989 providing that the rules made und...... issued calling upon the respondents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution ..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ting and sentencing the accused appellant without properly discussing and considering the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Sessions Judge failed to notice and consi..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....wever, such numbering would not make such application a plaint. Because, what a plaint should contain has been provided by Order VII rule 1 of the Code. In the cause title of the application, we find provision of section 14(2) is invoked, and relief is prayed for under section 17 of the Act. Order V....... The application was however heard in presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without evidence. 5. Mr. MA Samad appearing for the petitioner subm..Category: Procedural Law | Date: | Hits: 69
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