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....arlier under the Nitimala and now under the Act to the respondent to consider and dispose of application for NOCs/registration/licences. In that regard, it would be pertinent to refer to the relevant provisions of sections 4 and 5 of the Act as read thus:
৪। লাইসেন্স-- (১) ......th those three specific channels (Annexure 'Q' to the Supplementary Affidavit dated 14-12-2006). That licence proactively also subjected the petitioner licensee to compliance with all future relevant law and guidelines. Incidentally, with the legislative development on 24-9-2006 manifested in the ..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....t to have dismissed the pre-emption case. 13. On the contrary, Mr. AQM Safiullah submits that the law does not contemplate implying of all of the recorded tenants in the pre-emption case under the provisions of section 24 of the Non-Agricultural Tenancy Act and as per section 24 of the said Act, ......scellaneous case by reversing the judgment and order of the Court of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below committed any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....r it is an absurd proposition. Before purchase the plaintiff should be aware of it (CAVEAT EMTOR). He added that one party to a contract cannot unilaterally alter the terms of contract in view of the provision laid down in section 62 of the Contract Act. He refers clause 26 of the lease agreement (E......9 of the Town Improvement Act, 1953 was served to defendant before institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......greement and submitted that in view of the facts that the agreement was unregistered and executed by opposite party Nos. 1 and 3 only and not by opposite party No. 2, both the Courts below erred in law in accepting such agreement as valid and contemporaneous to the sale deed to find the transact..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ...... Ahmed vs. Rezia Begum and others reported in 1986 BLD 326. 4. On behalf of the respondent Nos. 10, 13 and 14, the learned Advocate Mr. MA Quayyum Chowdhury submitted that the principle of the law is, that if a co-sharer is in possession of specific portion of joint property he cannot be oust..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... 3, 12, 14, 16 and 18, submits that the suit as framed was barred under section 91 of Local Government Ordinance, 1976 as no prior notice was issued before its institution. He lastly submits that the provisions made in section 91 of Local Government Ordinance, 1976 are mandatory in nature. In suppor......ers 8 BLC 168. Therefore, the contention that objection as to maintainability of the suit has to be taken at the earliest opportunity does not stand to reason. Where there are mandatory provisions of law to be complied with before filing a suit, such provisions must be complied with before instituti..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....W 1 & 2, has proved the factum of seizure of the alleged adulterated mustard oil from the possession of the accused and, as such, the search and seizure of alamat not being in accordance with the provisions of section 103 of the Code of Criminal Procedure, 1898, the learned judge of the Special ......ing to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink; or (b) * * * * * 12. The above provisions of law clearly speaks that adulterated articles so far as to make such articles "noxious" as food or dr..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......es PWs 1 and 2 are the seizure list witnesses who proved the seizure list. Both of them were declared hostile and cross-examined by the prosecution. 19. PWs 3 to 11 are all the members of the law enforcing agency of whom PWs 4, 5,8,9,10 and 11 were tendered by the prosecution and some of the..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....jurisdiction not conferred by law or has failed to exercise jurisdiction so conferred upon it or has acted illegally in the exercise of jurisdiction which means that it has committed a breach of some provisions of law or with material irregularity in the exercise of its jurisdiction which means that......efore this Court and obtained the present Rule. 13. Mr. Rabi Shanker Chakraborty on behalf of Mr. MA Latif Prodhan for the petitioner, submits that both the Courts below have committed an error of law in giving the status of an unregistered deed of gift dated 19-6-1948 into the status of a regist..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....ticular, he points to the order dated 22-1-2001 by which he was found to be below the age of 16 years. He submits that, therefore, he should have been tried by a Juvenile Court in accordance with the provisions of the Children Act, 1974. He submits that the Nari-o-Shishu Nirjatan Daman Tribunal neit......sed. He points out that admittedly the confession of the accused was recorded after keeping him in police custody for three days. Referring to Farid Karim vs. State, 45 DLR 171, he submits that the unlawful detention of the accused in police custody before recording his confession, rendered his stat..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
.... it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. He submits that as per provisions under section 62 of the Contract Act if the parties agree to substitute a new contract fo......mir Hossain, the learned Advocate appearing with Mr. Shueb Ahmad, the learned Advocate for the appellant, supports the appeal and submits, that the learned Judge of the trial Court seriously erred in law to appreciate the real case of the defendant-appellant Nos. 1 and 2 and, as such the impugned ju..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ccused husband Abul Kalam in the same village and the same house. In view of such facts and circumstances the husband i.e. accused Abul Kalam, is under obligation to explain such death in view of the provision laid down in section 106 of the Evidence Act. 28. It is well settled that when it is e......with accused Abul Kalam of village Bajechaulahati within Police station Monirampur, District-Jessore, during their wedlock one son named Joynal Abedin born. Accused Abul Kalam was the domestic son-in-law of PW 5, Md Ismail Dalder. Deceased Joynur Khatun along with her husband used to live in her par..Category: Criminal Law | Date: | Hits: 40
....s well as without giving chance to the petitioners of being heard, most illegally passed the impugned order debarring them from appearing in coming 3 academic years which is in clear violation of the provisions of Articles 27 and 31 of our Constitution, as such, the impugned order is liable to be se......তি: বি: পরী:/অনার্স-৩/২০০০/২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... in his mouth to question the validity of the Enquiry Committee. The Labour Court rightly found that the inquiry was conducted properly. The Labour Court adjudicated the matter in accordance with the provisions of law. The Labour Court was duly constituted and the members constituting the Labour Cou...... the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made 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: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......y Law if money is required by the Company it may take it by way of issuing debenture and pay interest, etc. The company cannot make payment either by way of interest or otherwise unless sanctioned by law. Therefore, the agreements providing payment of Taka 10,000.00 per month to the petitioner is il..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....found mala fide, belated, inconsistent in character and that does not relate to the real point in controversy. In the case reported in 34 DLR 278 the governing consideration was that according to the provisions under Order VI, rule 17 of the Code the parties after filing their pleadings they will no......n dissatisfied with the opposite party No. 1, requested Meghna Petroleum to execute a new tenancy agreement with him for 1/4 his share of the suit land and thereafter also served a notice through his lawyer after expiry of tenancy agreement dated 31-10-1990 and, in fact, no tenancy agreement was e..Category: Property Law | Date: | Hits: 42
....rity deposit, contemplated in section 42(1) of the Artha Rin Adalat Ain, 2003 (Act VIII of 03).
5. Mr. AKM Asiful Hoque, the learned Advocate for the petitioners, submits that according to the provision of Negotiable Instruments Act, 1881 since a cheque is a negotiable instrument, it is the i......order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ac..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....he record failing which the learned Judge of the trial Court shall take appropriate step for securing his arrest and commit him to jail to serve out the remaining part of the sentence. In view of the provisions laid down in section 35A(1) of the Code of Criminal Procedure, the total period the appel......ized from the place of occurrence which caste serious doubt upon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
..... 10. Mr. Md. Nizamul Huq, the learned Advocate appearing for appellants in Criminal Appeal No. 4288 of 2003, without going into the merit of the appeal, at very outset submits that in view of the provisions laid down in section 6 of Druto Bichar Tribunal Act, 2002 Government by Notification in t......icial Gazette can transfer the case from the Court of Sessions or Bishes Adalat or Magistrate to Druto Bichar Tribunal for trial. He adds that the Tribunal can only try the case but not authorised by law to take cognisance of the offence prescribed under Ain, 2000. He submits that the Nari-o-Shishu ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......sed appellant but the learned Judge of the Bishes Adalat most illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Judgment which cannot be sustained in law. 14. Thirdly, the learned Advocate submits that according to the evidence and materials o..Category: Criminal Law | Date: | Hits: 45
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