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Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
.... of a formal application in writing or that a formal affidavit was not filed. The language of section 5 also does not provide that an application in writing must be filed before relief under the said provision can be granted". 13. In the case of Mt. Kulsoomun Nissa and another Vs. Noor Mohammad a......ng or that the delay in filing the miscellaneous case was unintentional. They contended that the miscellaneous case was a malafide one and was filed with the object of harassing the respondents for unlawful gain. 4. Upon these averments the learned Subordinate Judge framed the following points fo..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....nce of the written statement that the plaintiff-petitioner has obtained the present Rule. 5. Mr. Syed Ishtiaq Ahmed, learned Advocate for the plaintiff-petitioner, submits that there is no express provision in the Code of Civil Procedure which permits the defendant-opposite parties to submit a wr......e date fixed for judgment or orders is to hear and receive the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 an..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
.... of the Banking Companies Act, 1991 and the bank cannot withhold the payment when there is a direction of the account-holder at the time of opening of the account. He argued that in view of the clear provision of section 103 of the Banking Companies Act, 1991 the bank may not be injuncted in fulfill......nking Companies Ordinance, 1962, the Banking Companies Act of 1991 which is Act 14/1991 has been promulgated in this country and the banking companies are now fully guided and operated under this new law. Admittedly the dispute is over certain fixed deposit accounts now lying with the appellant bank..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....oner has argued that the wreck of MV Pavlina-I was neither brought nor came into Bangladesh. It was a ship which came to Bangladesh and then sailed out and became a wreck when it sank. Therefore, the provision of section 23 of the Customs Act was not applicable in the present case. He has compared t......athi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by the Second Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of abandoned..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....y auction or by tender or in such other manner as provided for in the agreement shall be entitled to prize amount shall be deemed to be, a financial institution as defined in this clause. 12. This provisions of the Ain was of course subsequently deleted and the new sub-section (6) has been incorp......t and decree. It is also submitted that it is mandatory to deposit 50% of the decretal amount with the Adalat before preferring the appeal which has not been done. So, this appeal is barred under the law. 10. Before entering into the merit of the appeal we intend to dispose of the initial objecti..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....e is appearing as Attorney-General appeared on behalf of the Government in view of the fact that a notice of this application was given to him and he found that questions of interpretation of several provisions of the Constitution are involved in this case and, as such, he felt that he should appear......8 of the Constitution. Article 108 of the Constitution runs as follows: “The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself’. 13. He..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... him which can by no means be a ground for detaining the detenu under the Special Powers Act. It has further been asserted that the detaining authority has detained the detenu in contravention of the provisions of Articles 31, 32, 33, 35 and 36 of the Constitution. 3. By way of a supplementary af......nnexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... the Juvenile Courts and the concerned Law enforcing agencies. Prosecuting agencies and legal Aid Committees be directed to take immediate steps in the matter. (2) Taking into consideration of the provisions of Sections 82 and 83 of the Penal Code. It is directed that the Government do consider m...... annexed as Annexure-A. 3. It has been further asserted that the continued incarceration of the under trial prisoner and an alleged 155 further under trial prisoners by the respondents is without lawful authority inasmuch as it is ultra vires section 167 and section 339C of the Cr.P.C. 4. Th..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ecial law providing for hearing of an appeal by a Division Bench of the High Court Division against any decision of the Election Tribunal for which any person may feel aggrieved, and that there is no provision in this special law for disposal of an appeal on a preliminary point like maintainability.......of the same on merit. 4. Mr. M Amir-ul Islam, learned Advocate appearing for the appellant, submits that the Representation of the People Order, 1972 (President’s Order 155 of 1972) is a special law providing for hearing of an appeal by a Division Bench of the High Court Division against any de..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....om the arguments put forward by the learned Advocates for both the sides it appears to us that the question is a very complicated one as the law itself is not clear on this point. We have perused the provisions of section 138 of the Act but we do not find anything from which we can arrive at a concl......s is required to be given under proviso (c) to section 138 of the Negotiable Instruments (Amendment) Act, 1994. The learned Advocate for the petitioner has submitted that as the 15 days time given by law for making payment did not expire, there was no cause of action for filing the case and, as such..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said Ordinance, this......hough there is clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said O..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......hin 45 days from date by the impugned judgment and decree. 7. Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defenda..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ections 5 and 6 of the Druto Bichar Tribunal Ain authorizes the Government to transfer the case to a Tribunal for expeditious disposal and such transfer is not hit by the principle of equality before law or equal protection before the law inasmuch as the same is applicable to the trial of offence ..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....about 20 years by developing low lands and by making tiny slums over the bamboo made platform. 13. Needless to say that the inhabitants of any slum are the misfortunes of the society, homeless and provisionless, may be due to river erosion, flood, drought, natural calamity, etc. and became floati......shantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as m..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ew in their case and let them off with a caution that in future they should be careful in publishing any news item regarding the activities of the judiciary, particularly keeping in mind the legal provisions applicable thereto. 194. Now let us advert to the case of newspaper the 'Daily Janaka......re conversation might have been subsequently added to the tape. The application was allowed and on his production the tape was played in my chamber in his presence and in the presence of all other lawyers. On hearing the tape he agreed that it is his voice and he had that talk with the judge. Th..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....mise made to the allottees at the time of allotment made to them in the sector including to petitioner of the respective Rule. On the other hand, learned Advocate for the respondents relying upon the provisions of section 40(b) and (h) of the Town Improvement Act, 1953 submitted that RAJUK can alter......del Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature a..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....r section 29 of the Local Government (Union Parishad) Ordinance 1983, the decision of the District Judge in appeal is final and shall not be called in question in or before any Court. In view of such provision, the jurisdiction under section 115 of the Code of Civil Procedure is very limited for me ......e impugned judgment and order as stated above. 9. Mr. Mainul Hosein, the learned Senior Counsel appearing for the revision-petitioners submits that the Election Tribunal committed serious error of law in sorting the votes into invalid as well as into ambiguous votes. He also submits that the Elec..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rused the revision application and also the affidavit-in-opposition and other papers annexed thereto. In order to evaluate the order on the basis of the rival submissions of the learned Advocates the provisions of section 8 of the Act demands close examination. The section reads, "8 (1). In any ......or of the contractor and Justice KM Sobhan as that of the employer however, without any consent of them. 5. Mr. Enayetur Rahim, learned Advocate for the petitioner, submits that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......which they took on board the vessel. Reliance has been placed upon a decision in the case of FFUI Co. Ltd. Vs. American President Lines reported in PLD 1992 (SC) 291 where it has been stated that the law has given choice to the carrier to enter the particulars declared by the shipper or not to enter..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......e of the petitioner North South Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided ..
Category: Civil Law | Date: | Hits: 92
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