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Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......llegedly making certain statements published in the ‘Daily Dinkal’ on 9-8-99 alleged to have been made by him on 7-8-99 in the Sylhet Press Club and he should not be dealt with in accordance with law. 2. In compliance of the Rule contemner entered appearance and filed an affidavit contending,..Category: Criminal Law | Date: | Hits: 120
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......nts to the defendant judgment-debtor petitioner by his order dated 11-11-97 following which the defendant petitioner has been satisfying the decretal dues regularly, the learned Family Court erred in law in rescheduling the instalments by his subsequent order dated 5-2-98 and the same has occasioned..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......r drafting has created the illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order X CPC. An activist Judge is the answer to irresponsible law suits. The trial Courts would insist imperatively on examining the party at the first hearing so..Category: Others | Date: | Hits: 79
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......xamination, the witness stated that the accused used to be treated for his frenzied and obscene conduct. Sometimes he used to behave like a lunatic and often used to run around. Sunil, the brother-in-law of the accused, used to take him to his house for his treatment. In 1993, he underwent treatment..Category: Health Law | Date: | Hits: 266
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....creed ex parte in the said suit. He submits that against such ex parte Judgment and decree TS 194/ 2002 was rightly filed separately to set aside said ex parte decree. In such connection he refers to provision of section 9 of the Code of Civil Procedure and also relies on a decision reported in 1996......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ..Category: Civil Law | Date: | Hits: 92
....meter is or is not correct or it is inherently defective or faulty in not recording correctly the electricity consumed, with a view to resolve such a dispute, it is necessary to consider the relevant provisions of sub-section (1) and (6) of section 26 of the Electricity Act, 1910. The said provision......espondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be pu..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....he father-in-law of the accused petitioner, Abdur Rahman and, as such, the private complaint as lodged by the comÂplainant opposite party No. 2 claiming the BainaÂpatra as false is barred under the provision of section 195(lXc) of the Code of Criminal Procedure. Mr. Zindigir while confronted with ......r Specific Performance of Contract pending in the Court of Subordinate Judge, First Court, Chittagong being Other Class Suit No. 49 of 1998, filed by the accused No. 1, Abul Kalam Azad, the father-in-law of the accused petitioner, Abdur Rahman and, as such, the private complaint as lodged by the com..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....his brother, Advocate Badiuzzaman, was a tenant of one house. He further said that on the date of occurrence he started from Dhaka for Rasel Park at 9-00 AM and he arrived there at 10-30 AM There was provision for shutting the entry gate of the park to the north-west corner. There was a ticket count...... through, Accused Monir, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the trial accused Aslam, Aurango and Hasib on bail absconded. They were..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....The Rule of Criminal Miscellaneous Case No. 11080 of 2006: we find that just after obtaining the bail the accused petitioner rushed to this Court without waiting for framing of charge or invoking the provisions of section 241A of the Code of CrimiÂnal Procedure. These are the duty of the learned Ma......in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the in..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....over by the Government as Abandoned Properties just after the war of liberation in 1972 and thereafter, they have been in possession of the Government through different allotees as DN holders. As per provisions of Articles 6 and 14 of the Bangladesh Abandoned Property (Control, Management and Dispos......o. 1, First Court of Settlement in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be exclude..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....law or wrong appliÂcation of law would be a ground for review of an order by the court. Our Appellate Division in 52 DLR (AD) 160 had taken a view that "A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for revi......its that in the facts of the case the review application under Order XLVII, rule 1 of the Code of Civil Procedure is very much entertainable and the learned Joint District Judge committed no error of law in allowÂing the review application upon setting aside the judgment and order of the appellate ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....-emption is not a sale deed but an exchange deed which is not pre-emptable under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the d......t a sale deed but an exchange deed which is not pre-emptable under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the date of knowled..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....ame to the Profit and Loss Account of the banking business? 6. Mr. Md. Zakaria Sarker, the learned Assistant Attorney-General appearing on behalf of the applicant, took me through the relevant provisions of the Ordinance and the orders of the income tax authorities and submitted that the Taxe......aside the order of Inspecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and debentures are ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....her the learned Additional District Judge, Bhola committed any error in passing the impugned judgment and order dated 6-1-2000 and which caused any failure of justice. 27. Let us now see the provision of law and the decision of our apex Court. 28. Section 73 of the Evidence Act, no......Civil Procedure was kept in the record for consiÂderation of the same at the time of hearing of the appeal and the said order was in force and, as such, the learned court below committed an error of law in entertaining another application on the self-same matter and hearing the same without recalli..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ght within the periphery of the Ain, 2003 the Adalat before invoking section 34 of the Ain, 2003 ought to have first issued notice under section 30 of the Ain and also was required to comply with the provisions as constrained in section 33 of the said Ain. For not having done so the said impugned or......mits that the impugned execution proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advoc..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......¾-৩/অà¦à¦¿(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as t..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....icle 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of Artha Rin Adalat Ain, 1990 into new case in pursuance of the provisions of section 60(......o new case in pursuance of the provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsisÂtent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawÂful authority and of no legal effect and also the proviÂsions laid down in section 2(ga)(4) an..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The responÂdents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......004 in ZIA was wholly unauthorised and illegal. 11. He submitted that the Customs Authority was definitely convinced that in detaining said shares transfer adhesive stamps no way violated any law and instead of taking final action, they were asking the petitioner for personal hearing by lett..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......f average intelligence that it was counterfeit or forged nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law……………………..(30) Even when an uneducated rustic citizen in usual course of dail..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....gister of registered mark C-6724 in class 25 has been made without sufficient cause and such wrong entry in the register should be rectified and the mark should be removed from the Register under the provision of law. 3. Conversely, the claims of the appellant as made in Form TM-6 are that th......istered mark C-6724 in class 25 has been made without sufficient cause and such wrong entry in the register should be rectified and the mark should be removed from the Register under the provision of law. 3. Conversely, the claims of the appellant as made in Form TM-6 are that the applicant f..Category: Intellectual Property Law | Date: | Hits: 198
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