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Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....21A of the Act confers an express power couched in a negative form and negative words are clearly prohibitory and are ordinarily used as a legislative device to make a statute imperative. So, it is a mandatory provision of law that the plaintiff must have deposited the balance amount of consideratio......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......oved by RAJUK dated 22.02.1996 the added respondent and his wife constructed a building in half of the land but the petitioners did not make any construction in their half, which clearly violated the provisions. Defending the impugned letter partially cancelling the lease, various grounds have been ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ...... the petitioners were dispensed with the service of notices upon the opposite parties for they not being contested the suit. It is further argued on behalf of the petitioners that the aid of the provisions of Rule 21 of Order XLI could be invoked only by such a respondent who is entitled to the..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......and order dated 30th October, 2006 allowed the appeal and reversed that of the Artha Rin Adalat. 4. Mr. Mahmudul Islam, learned Advocate for the petitioner has placed Section 41 along with other provisions of the ArthaRinAdalatAin and submits that an appeal has been provided under Section 41 by..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... direction from the Court that he was to be released upon attaining the age of 18 years, he would be returned to the District Jail. 3. In view of the allegations made in the writ petition that the mandatory provisions of the Act were not duly considered or followed during the trial and when award......etitioner, Rule Nisi was issued calling upon the respondents No.1-8 to show cause as to why the detenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ppellate Division unsuccessfully. 21. In the case of Md. Nur Islam Vs. Agrani Bank reported in 1 MLR (AD) 373, it has been decided that deposit of 50% decreetal amount as a pre-condition is mandatory both in the case of an appeal or an application for setting aside an ex-parte decree. ......onment for 6(six) months and to pay a fine of Tk.33,74,337/-. 12. In all these writ petitions the learned Advocates on behalf of the petitioners after placing their respective cases asserted the provisions of section 138A of the Negotiable Instrument Act (as amended on 09.02.2006) mainly on 3 (..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....o the Appellate Division unsuccessfully. 23. In the case of Md. Nur Islam Vs. Agrani Bank reported in 1 MLR (AD) 373, it has been decided that deposit of 50% decretal amount as a precondition is mandatory both in the case of an appeal or an application for setting aside an ex pane decree. ...... 138A providing the provision for depositing not less than 50% of the unpaid cheque amount as pre-condition in the case of an appeal………………………………………(26) Violation of provisions of law and writ jurisdiction Mere allegation of violation of provisions of law canno..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ce, maiafide and ultravires of the Constitution. (4) The petitioner was placed under suspension with the initiation of two disciplinary proceeding against him without compliance of the mandatory provision of rule 3 (d) chapter 1 part 1 of the High Court Division Rules, which required ......3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......t part of the corpus juris of the State unless these are incorporated in the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of Part III, particularly to determine the rights implicit in the rights like the ri..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......5, 63,685.31 and further amount of Taka 1, 01,237.50 in total Taka 6, 64,922.46. Long thereafter by impugned letter dated 2-7-1989 appellant was informed that its claim was barred under the provisions of Rule 70 of the General Rules and Schedule for working of the Chittagong Port Jetties. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....ends that as per provisions of section 32(1) of ACC Act, 2004 read with Rule 15(2) of ACC Rules, 2007 prior sanction (অনুমোদন) of the Commission for lodging an FIR against any person is mandatory. He further contends that Rule 15(2) of the ACC Rules, 2007 lays down that the sanction (......learned Senior Advocate appearing with Mrs. Fahima Nasrin, the learned Advocate for the petitioner after taking us through the entire petition, and the relevant papers appended to it and also various provisions of ACC Act 2004 and ACC Rules, 2007, mainly mooted out the argument that the present case..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......arious exhibits must be found to have succeeded in all material particulars. The learned Advocate for the Respondent Nos. 1 to 6 Dr. M. Zahir has in response drawn this Court’s attention to the provisions of Order 29, Rule 1 of the Code of Civil Procedure (“Code”) in particular as ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......র্তী একটি মেয়াদে নির্বাচনে প্রার্থী হইবার যোগ্য হইবেন না। 12. On a plain reading of the above provisions of law we find that the spirit of law is very much clear and unambiguous. The legislatur..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....ion 96(10) of the State Acquisition and Tenancy Act, 1950 and as such the Miscellaneous Case No.35 of 1999 was not tenable in law but even then purposely both the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption ca......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room......vide Anti-Corruption Memo No. Dudak 103-2007 (Anu-2)/3823 dated 17-6-2007 ignoring the provision laid down in Rule 7(1) (2) and (5) of the ACC Rules, 2007 and lodged the FIR on 3-10- 2007 though such provisions, being mandatory in nature, are required to be followed by the enquiry officer. 6. T..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......ারী করেনঃ
“Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending the provisions regarding qualifications for the post of Professor and Associate Professor under the Bang..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......le NISI জারী করেনঃ “Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending the provisions regarding qualifications for the post of Professor and Associate Professor under the Bang..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....Shahidul Islam, the learned Advocate appearing for the petitioner seeks to impeach the impugned order on the two fold arguments. Firstly, the learned Judge of the Adalat without complying with the mandatory provisions of law prescribed in section 12 (6) of the Ain 2003 decreed the suit ex parte ......eed ex parte on 18-09-2005. 4. The bank, then put the decree in execution in Artho Execution Case no.,60 of 2006. The bank tried to sell the mortgaged property in auction by complying with the provisions of law laid down in sections 33(1)(2)(3)(4) of the Artho Rin Adalat Ain, 2003 (briefly a..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
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