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State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......He stated that while he was serving as a Magistrate, 1st Class Pabna and he recorded the confessional statement of accused Mokshed Ali Fakir on 20‑8‑94 after complying with all the requirement of law and the confessional statement of Mokshed Ali was true and voluntary. He proved the confessional..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
.... Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that in view of the facts and circumstances of the case the alleged arbitration has been done in violation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to th......at the Courts below have miserably failed to decide the question of limitation in the instant case. The decision arrived by the Courts below upon the question of limitation suffers from illegality in law and their findings are liable to be set aside. Both the Courts below have committed an error of ..Category: Property Law | Date: | Hits: 30
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....f the Code of Civil Procedure. Mr Sobhan has also argued that no specific procedure has been laid down in the Artha Rin Adalat Ain, 1990 regarding execution of a decree. However, he conceded that the provisions relating to execution of a decree as laid down in the Code of Civil Procedure may not be ...... of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is concerned should not be declared to have been made without lawful authority and to be of no legal effect. 2. We have found that in this Rule the petitioner ..Category: Civil Law | Date: | Hits: 89
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ...... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....ree before the appellate Court under section 96 of the Code of Civil Procedure and, as such, the revisional application is not maintainable in law. In support of his contention he has referred to the provision of Order XX, rules 6 and 7 and Order XXVI rules 13 and 14 of the Code of Civil Procedure (...... stated that there was no sufficient land to give saham from plot No. 125 to the parties as per preliminary decree given by the court the decree was not executable, the court below committed error of law resulting in an error in the decision occasioning failure of justice in accepting the Advocate C..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....cord submitted that in view of repeal of section 93A and 93B of the Town Improvement Act and substitution of section 79 of the said Act by Act No. 29 of 1987 requisitioned land would be guided by the provisions of Acquisition and Requisition of Immovable Property Ordinance, 1982 as per the provision......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....pposition is that the Revisional application under section 115 of the Code is absolutely incompetent inasmuch as an order under rule 3, 4, and 10 of Order 39 of the Code is an appealable order as per provision of rule 1(r) of Order 43 of the Code. 14. In approaching the controversy it will be pro......9-4-1999 of English Calendar re-inviting bid for the market described in the schedule for the year 1406 BS and also for a declaration that the auction of the defendants acting for the Government is unlawful, illegal, ineffective, contrary to the Rule of natural justice and void ab initio if it appea..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......time on 10-3-1996. From the copy of the impugned order it appears that the respondent No. 1 alone passed the impugned order and there was no meeting of the Board nor the members as required under the law deliberated nor signed the order. The petitioner could not prefer any appeal since it has become..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... Exchange, it was required to be registered under section 3 of the Securities and exchange Ordinance, 1969 to operate and perform its functions as a Stock Exchange. Consequently, by virtue of various provisions of the relevant laws dealing with the Stock Exchange and Securities particularly sections......to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd., should not be declared to have been issued without lawful authority and of no legal effect and also why respondent Nos. Ito 5 should not be directed to..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....as competent under Article 226 to direct the Election Commission to start proceedings for deregistration of a political party. He submitted that under the Representation of Peoples Act there is no provision for deregistration. “A party might call for a general strike and its implementation t......nstitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and is of no legal effect and also in violation of the fundamental rights of citize..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....llegal encroachment, earth filling and temporary & permanent structures building on the River Buriganga, Turag at Dhaka and on the River Shitalakkha at Narayangonj, which were built violating the provisions of the Bangladesh Environment Conservation Act, 1995 (amended in 2000 and 2002), and ......ies against the environment etc. Moreover the organization is also working to protect environment and take legal steps against the activities of destroying environment as well in case of violation of law. 3. The writ petitioner No.1 is the Secretary of Human Rights and Peace for Bangladesh and ot..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....ure of justice. 20. He submitted that the directions given by the High Court Division in disposing of the instant company matters are arbitrary, devoid of logic and based on misappreciation of the provisions of law, which is erroneous and requires interference of this Court for the ends of justic......sitory as on the record date i.e. 25.09.2005 shall be entitled to dividend and vote in the said AGMs. The said notices were more or less in identical terms. 10. The respondent No.18 Company as per laws relating to Securities and Exchange Commission published a public notice dated 26.12.2007 as pr..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....njunction, whether it should be passed under Order XXXIX rule 1 or 2 or in exercise of tile inherent jurisdiction of the Court under section 151 of the Code, the Supreme Court hold that either of the provisions may be applicable, depending on the facts and circumstances of each case. The learned Jud......exercise of its inherent power the defendant ought to be directed to return the vessel to the plaintiffs till hearing of their petition dated 2‑4‑2002 for temporary injunction, because a Court of law is not that powerless to watch and remain a mere spectator to such a defiance. 15. In the cas..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
.... a waqf by way of sale, gift, mortgage or exchange, or by way of lease for a term exceeding 5 years shall be valid without the previous sanction of the Administrator………” 7. From the above provision it is clear no transfer by way of sale, gift, mortgage or exchange or by way of lease for ......it of the case of the parties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years and thereby, the petitioner acquired..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......eding the contempt petitioner must prove beyond all reasonable doubt that the contemner has willfully and deliberately violated the court's order/direction. It is also now well settled proposition of law that in contempt matters personal liability of the contemner must be proved and there cannot be ..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....le to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that in view of the provisions of sections 86 and 133 of the Co-operative Society Ordinance, 1984 the suit is barred und......Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that in view of the provisions of sections 86 and 133 of the Co-operative Society Ordinance, 1984 the suit is barred under law and the learned Subordinate Judge evidently erred in law in refusing to reject the plaint under ..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......was started under sections 302/34 of the Penal Code. 3. The police investigated the case and submitted charge‑sheet against the convict appellant and three others under the aforesaid sections of law. During trial charge was framed under section 302/34 of the Penal Code. 4. It appears that th..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....r Court that there is no dispute as to the fulfilment of the other conditions regarding number of workers, paid up capital, value of the fixed assets of the petitioner Company in order to attract the provisions of the aforesaid Act and, as such, found that the petitioner company comes within the def......tioner. MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being disposed of by this..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....strate, 1st Class and Cognisance Court 'Ka' Anchal Khulna and, in course of hearing of the said application, Mr. Golam Md Chowdhury, learned Deputy Attorney-General, pointed out before this Court the provision of section 19 Gha of the Jaruri Khamata Bidhimala 2007 as amended by SRO No. 30-Ain/2O67, ......appeared jointly before this Court and prayed for deferring the delivery of judgment on the ground that they had received specific instruction from the learned Attorney-General to the effect that the law namely, the provision of Rule 19 Gha as referred to above, was; going to be amended shortly. In ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iew to sell fertiliser in the black market. On the basis of this enquiry report, Deputy Commissioner recommended punitive action against the petitioner by his letter dated 15-1-1997. There is a clear provision in Clause 15 of the agreement that if the petitioner violates any terms of the agreement, ......opportunity by issuing any show cause notice to explain that anomaly. So, in the absence of show cause notice, the cancellation of the agreement was violative of natural justice and, as such, was not lawful. 15. However, it appears that at the time of issuance of the Rule, an interim order ..Category: Civil Law | Date: | Hits: 74
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