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....attention of the detenu was considered necessary to prevent him from doÂing any prejudicial act. Thus on the face of the orÂder itself it is found to be without any legal auÂthority in view of the provision of section 3 of the Special Powers Act. Besides that the said order of detention gives the......Besides that, for the non-payment of the loan specific misc. case as well as criminal case were brought and for that reason also the detenÂtion under the Special Powers Act can not be susÂtained in law. Further there was no order for detenÂtion after expiry of the previous extended term which exp..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....e accused whom the witness identified at the jail. For this purpose the best evidence will be that of the Magistrate who conducted identification, and his evidence will be strictly relevant under the provisions of the Evidence Act." 24. It has been pointed out by Mr. Zahirul Huq and we also f...... on 7.10.78 at 6.15 P.M. at Barman P.S. The inforÂmant further said that he identified three dacoits at the T.I. Parade and his daughters P.W. 2 Rawshan Ara Begum, P.W. 3 Rasheda and his daughter-in-law Farida also identified dacoits at the T.I. Parade. The inforÂmant and his two daughters also id..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183....... 5 of the 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the reÂputation of the entire judicial system in the estimaÂtion of..Category: Criminal Law | Date: | Hits: 35
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the characÂter of the document according to the law of the forÂeign country." The certified copy of the death certifiÂcate does not answer any of ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
.... have been passed with jurisdiction and the use of the expresÂsion such as "purported exercise of jurisdiction" will not save such an order even under the validity clause of the constitution and the provision of the Martial Law Regulation No. 7 of 1977 would be not bar, in maintaining an action cha....... 7. Mr. Miah Abdul Gafur, the learned Advocate appearing in support of the Rule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to exam..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....ove the case or not. Next point submitted by the learned A.A.G. in reply to the point raised by the petitioner that the accused has been prejudiced owing to defect in charge and also by the fact that provision of section 342 was not followed strictly. Mr. Fazlul Hoque kept on arguing that since the ......juries and he took her to Dhaka Dakshin Hospital and from there to Sylhet for medical treatment. The informant who is a school teacher at first was reluctant to lodge an FIR because going to Court of law would entail the prestige of his family and the future of his daughter. But subsequentÂly on 15..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ...... the special project of development budget and they having not obtained any legal right to be absorbed in the revenue budget, the writ petition not being maintainable the High Court Division erred in law in making the Rule absolute. The learned Deputy Attorney General further submitted that out of t..Category: Employment/Service Law | Date: | Hits: 86
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......the judgment of the Court of Appeal below.
5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record appearing for the petitioners, argued that the learned Judge of the High Court Division erred in law in affirming the judgment of the Court of Appeal below in failing to consider that since the pla..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....n refund period was extended for 10 years payable in monthly installments effective from July 2003. 3. The High Court Division after hearing the parties discharged the Rule issued, considering the provisions of section 12(8) of the Artha Rin Adalat Ain, 2003 which provides as under: “আপà......he writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discriminatory action and is illegal, without lawful authority and of no legal effect and that the property has been sold at a shockingly low valu..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... satisfied that an average prudent man could reasonably be so satisfied. 20. Satisfaction of the detaining authority must be subjective satisfaction; such satisfaction must satisfy the legislative provision and not colorable or mala fide, which condition the court shall look into to see that the ...... In the cases of Habiba Mahmud vs. Bangladesh and others 45 DLR (AD) 89, Abdul Latif Mirza vs. The State 31 DLR (AD) 1, Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353, Abdul Latif Mirza (now a law maker) vs. Government of Bangladesh, 31 DLR (AD) 1; Ranabir Das vs. Secretary, Ministry of Home ..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....of the trial Court in disallowing preemption. He also submits that every one of purchasers of land of said CS plot No.139 including the parents of the preemptor got their names mutated and in view of provisions of section 117 of the State Acquisition and Tenancy Act, the parents of the preemptor cea......ad section 24 of the Non-Agricultural Tenancy Act, 1949 and submits that the preemptor is still a co-sharer in the land of CS plot No.139 appertaining to CS Khatian No.2 and the Courts below erred in law in disallowing preemption on the view that the preemptor is not a co-sharer in land. Elaborating..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....r Banez Member. The learned Advocate for the condemned prisoner assails this confessional statement of Motiar Rahman and submits that the condemned prisoner was not properly examined according to the provisions of law. It transpires that while examining under section 342 of the Code of Criminal Proc......la alias Baniz Member preferred Jail Appeal No. 2531 of 2000. This judgment will dispose of the Reference and the Appeals preferred by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑00 AM Md. Shamsu Sikde..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ut hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plain..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....not maintainable. But this contention of the defendant-petitioner cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law f......Magistrate granting a maintenance of Taka 400 per month to the daughter of the plaintiff-appellant-opposite party the present suit is not maintainable at all and that the appellate Court has erred in law is decreeing the suit of the plaintiff for maintenance. 6. I have heard the learned advocates..Category: Family Law | Date: | Hits: 186
....tary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income Tax Act, 1922. The assessing officer rejected the claim of exemption of tax under the said provision of law on the ground that it extends loan on a nominal service charge interest and, as suc......rnment Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income Tax Act, 1922. The assessing officer rejected the claim of exemption of tax under the said provision of law on the ground that it extends loan on a nominal service charge interest and, as such, it is inco..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....commercial invoice prima facie shows that the price mentioned in those document is the market value between the seller and the buyer, in other words, the supplier and the consignee. Therefore, as per provision of section 25(1) said invoice price is to be taken to be the normal price unless of course......that the age old methods determining the normal price various adjectives i.e. indicative value, enhanced valuation price, recorded value, loaded value, Commissioner’s value, etc have no sanction in law and, as such, we direct the respondents not to use such attributes or any other adjective so far..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......ested and non-resident property. The respondents did not prefer any appeal against any of the above judgments of the courts till date. Thus having two judgments in his favour from competent courts of law the petitioner applied to the Ministry of Housing and Public Works for formal release of the pro..Category: Property Law | Date: | Hits: 38
....ed to pass the impugned Order No.14 dated 7-5-2000 and rejected the written objection holding that the same is barred by Article 158 of the Limitation Act and for not depositing security money as per provision of section 32 of the Arbitration Act of 1940 inserted by the Law Reforms Ordinance 1978 to......r since rejection of written objection ipso facto cannot non-suit a defendant and forfeit a defendant’s right to cross- examine the plaintiff and his witnesses and contest the cause on questions of law. According to him, since the arbitration agreement exists between opposite party No.1 and RAJUK ..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ted by the respondent No.4, the Thana Nirbahi Officer, Dhamrai, in connivance with local Awami League leaders without any reference to the petitioner. It is claimed that in violation of the mandatory provisions of the Rules as contained in Annexure A to the writ petition the respondent No.4, the Tha......be consulted by the Thana Nirbahi Officer for convening a Thana Parishad co ordination committee meeting and in fact the member from the reserved seats was consulted. Lastly, there is no violation of law as Annexures A and C, are only circulars creating no legal right. Therefore in the absence of in..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....om the respondents Nos. 2-7 for such transfer. 10. With regard to the question whether the Company acted in accordance with law in registering the disputed transfer, it is necessary to examine the provisions of Section 38(3) of the Companies Act. Section 38(3) of the Companies Act, 1994 provides ......ourt in this connection. 7. The question that has arisen for consideration is, whether the petitioner in fact transferred his shares in favour of the respondent Nos. 2-7 and, if so, whether it was lawful for Company to register the said transfer in its register of members on the basis of unstampe..Category: Company Law | Date: | Hits: 203
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