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Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....f the ACC Act, 2004 or rule 15(ঘ) (5) of the Emergency Power Rules, 2007 asking her to submit statement of her property, movable and immovable. In the absence of any order or notice under aforesaid provisions of law, lodging of first information report against her must be held to be unwarranted,......on, Memo of writ petition it is clearly found that the respondent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not settled that a fugitive has no legal right to seek any kind of redress as against her gri..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....te, but is also found affirming or acknowledging allegiance to a foreign state. Mr. Salahuddin Ahmed reinforces his argument by submitting that unlike the interpretation of a statute a constitutional provision is required to be interpreted to suit the changing need of the society keeping in view the......nt (In both the Writ petitions). Writ Petition No. 953 of 1998 with Writ Petition No. 3251 of 1997. Judgment Md. Joynul Abedin J.- Since both the Rules involve common questions of fact and law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners,..Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......rt and obtained the present Rule. 8. Mr. HR Sharif, the learned Advocate appearing on behalf of the petitioner submits that the learned Subordinate Judge and Artha Rin Adalat committed an error of law in allowing the said miscellaneous case under Order 9, rule 9 of the Code of Civil Procedure and..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....of each victim. The post mortem report he has been admitted into evidence in to evidence in utter violation of the mandatory provision contained in section 509(A) Cr.P.C. It is a new section. Its provision is in the nature of exception and the onus of establishing circumstances that could bring ......ye plucking case and thereby to exercise undue influence on the complainant party of eye plucking case and compelled them not to pursue that case. It is the further case of the defence that in 1973 law and order situation was beyond the control of law enforcing agency and many miscreants were in p..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....ladesh in 1971. It is the case of the respondent that as the petitioner was a Pakistani citizen at the relevant time and was away from Bangladesh, the disputed property came within the purview of the provisions of the President's Order No. 16 of 1972. The disputed property was legally declared and......of the People's Republic of Bangladesh calls upon the respondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....minal Procedure and obtained the present Rule. 6. Mr. S.M. Amin Azhar, the learned Advocate appearing in support of the Rule has contended that the learned Magistrate has acted in violation of the provision of section 339C (4) of the Code of Criminal Procedure by passing the impugned order abat......ion merely provides for stopping the trial of the case and releasing the accused person. In that view of the matter the impugned order passed by the learned Magistrate is not in accordance with law. Now coming to the conclusion of the trial within the time; the learned Magistrate by his order ..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....f the learned Advocates for a number of days together in great details, perused the document namely the letter of credit, the indent, bill of exchange, declaration etc. and also examined the relevant provisions of law as referred to by the learned Advocates and the large number of cases cited at the......e filing of the suit and the court below committed an error in not considering this aspect of the case. 17. He further argues that the impugned order is bad and illegal being contrary to banking law and practice including Uniform Customs and practice for Documentary Credits published by the Int..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......ity of it testimony inasmuch as this fact has been mentioned in the first information report (Ext.2) which was lodged with utmost promptitude and first information report has significant value in law. 14. Now we pass over to consider the evidence of P.W.3 Taslima Khatun. She was sleeping in t..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....le submitted first, that the matter in issue in Title Suit No.287 of 1986 is not in the plaint of Title Suit No.108 of 1986 in issue and as such the impugned order is not calked for in as much as the provisions of section 10 of the Code of Civil procedure is not attracted in this case and the learne......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
....der on 14- 11-2000 for restoration of the gas line has given very sound and acceptable reasons. He has further submitted that the agreement signed on 1-2-1979 between the parties does not contain any provision for disconnection of gas line, rather article 9 of the contract has only provided that the....... Three branches of arguments have been advanced by Mr. Mainul Hosein on behalf of the defendant-petitioner which are as follows:
Firstly that the impugned order dated 14-11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great ..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....n 25 issued Notification on 17-6‑96, that was published in the official Gazette on 11‑8‑96. The condition as laid down in sub‑section (7) of section 25 has been completely fulfilled and the provision of the sub‑section has been complied with as the Government imposed the tariff value by ......wlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 vide Annexure-F should not be declared to have been issued without lawful authority and as being unconstitutional and why the respondents should not be directed to lev..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ion, the Government fixed the minimum wages of adult un-skilled ‘workers and juvenile workers working in all private industrial concerns in the country. Dr M Zahir has taken us through the relevant provisions of law empowering the Minimum Wages Board to recommend fixation of wages of industrial wo......uly, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......a Rin Adalat No. 3 so that the said suit No. 153 of 1998 can be heard analogously with Title Suit No. 88 of 1998. 5. The District Judge, Dhaka after hearing the parties and on consideration of the law involved in it rejected the said application under section 24 of the Code of Civil Procedure mai..Category: Civil Law | Date: | Hits: 73
....at the award is sought to be set aside in the suit instead of making an application under section 33 of the Act. Under section 33, before filing any objection, furnishing of statutory security as per provisions of the Law Reforms Ordinance, 1978 was mandatory. Without the statutory security, the pla...... (1) Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter to which the reference relates.
(2) Notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this Act, all questions regarding ..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....nt upon the petitioners under section 94 of the Code on the same allegation of violation of the Court's order. In order to examine the legal propriety of the impugned order, let me quote the relevant provisions from section 94 which run as follows: "In order to prevent the ends of justice from b......rt to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison." 7. In the context of above provision of law, the learned Advocate for the petitioner took me to the case of Mosharraf Hossain Mia Vs. Mosamm..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....hat the court has got inherent power to rectify its apparent mistake or any mistake committed by any court official causing prejudice to a particular party for no fault of its own by resorting to the provision of section 151 of the Code of Civil Procedure. A party cannot be made to suffer for the mi......that the dismissal order dated 16‑11‑93 passed by the learned Assistant Judge being an appellable order under Order XLIII rule 1(d) of the Code, the learned Assistant Judge has committed error of law in his decision occasioning failure of justice in setting aside the said dismissal order, in exe..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....ng respondent, submitted that the respondent Company is a private limited Company and, as such, the impugned order is not amenable to the writ jurisdiction and the petitioner being a worker under the provisions of Employment of Labour (Standing Orders) Act, 1965 the Writ petitioner ought to have app......ransfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour b..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
....exercisable in the manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or laws so issued.”
15. In the light of the provision of section 21, the learned Deputy Attorney-General argued that the mere fact that the gove......nts (In both the Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued ca..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....-numbered as Civil Revision No.7290 of 1991. Again 8 years passed by before the case came up for hearing before me. 9. The learned Advocate appearing for the petitioner drawing my attention to the provisions of section 96 (12) of the Act submitted that as the order of dismissal was made appealabl....... Even the provisions for statutory appeal does not in all circumstances disentitle a Court to invoke its inherent jurisdiction. The decision in 43 DLR (AD) 128 rather supports this proposition of law. Moreover, when a subordinate Court invokes its inherent jurisdiction for reasons recorded to gr..Category: Civil Law | Date: | Hits: 69
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