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Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....fficial papers were procured by the plaintiffs but the Order No.1 of the order sheet shows that permission was given to the plaintiffs to file the suit by the trial Court and after complying with the provisions of law and making public advertisement, the trial started and further the trial Court spe...... were procured by the plaintiffs but the Order No.1 of the order sheet shows that permission was given to the plaintiffs to file the suit by the trial Court and after complying with the provisions of law and making public advertisement, the trial started and further the trial Court specifically ment..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......n a position to show any valid papers regarding their entry in this country. 7. We have considered the question raised above. To our knowledge there is no rule either in the Jail Code or any other law as to the release of foreign prisoners. The procedure, so long followed, is to contact with the ..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....ts of the Mohammadpur area and residing at Geneva Camp; that they are above 18 years of age and not otherwise disqualified to be voters. In Support of his submission, Mr. M. I. Farooqui refers to the provisions of the Electoral Rolls Ordnance 1982, the Bangladesh Citizenship (Temporary provisions) O......titioners claim that they are Urdu speaking citizen of Bangladesh, permanent residents of the Mohammadpur area residing at the Geneva camp and are fully qualified to be registered as voters under the laws of Bangladeshi. But in the electoral rolls prepared and published on 27.5.2001 by Election Comm..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....investigation into the allegations contained in the FIR and to bring the offenders before the Court for trial. These duties are cast upon the police and other law enforcing agencies under the various provisions of the Code of Criminal Procedure, long before the enactment of the Constitution. The Con......he learned Assistant Attorney General, assails the impugned order mainly on the ground that the learned Judges of the High Court Division did not exercise their judicial discretion in accordance with law in granting anticipatory bail in favour of the respondent No.1, in the face of the direct allega..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....women should have equal rights with men in all spheres of the State and of public life. Sub-article (4) of Article 28 provides that nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.......h international standards. 15. Arbitrary and intrusive gender-based codes for acceptable demeanour and dress also violate the rights to privacy and to free expression protected under international law, as well as the right of women to protection from violence. These obligations of the state have ..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
.... present defendants-opposite parties. Said Title Suit No.72 of 1985 was decreed ex parte on 14-1-1986 against which defendants-opposite parties filed a Miscellaneous Case being No. 4(a) of 1986 under provision of Order 9, rule 13 of the Code of Civil Procedure in the Court of Munsif (now Assistant J......assed in Miscellaneous Case No. 4(A) of 1986 under Order 9, rule 13 of the Code of Civil Procedure being an appealable order under Order 43 rule 1(d) of the Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case..Category: Procedural Law | Date: | Hits: 83
....nd the suit was filed in 1975. By the proposed amendment the plaintiff seeks to introduce a new claim in 1988 under the garb of amendment of the plaint, his new claim being evidently barred under the provision of Article 39 of the Limitation Act, which provides a period of one year for filing a suit......ved this Court and obtained the present Rule.
9. Mr. Shamiran Das Gupta, the learned Advocate appearing for the defendant-petitioners, submits that the learned Subordinate Judge evidently erred in law in allowing the amendment of the plaint for incorporating new claims for damages which are evide..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....zammel Hossain, Mr. Md. Harun-or Rashid and Ms Mahfuza Begum, learned Advocates. 17. Questions posed now to be answered. 18. First Question In approaching and answering to the First Question provisions contained in sub-section 4 of section 29 of the Local Government (Union Parishad), Ordina......o wards. Election Appellate Judge directed his whole energy with respect to the exclusion of 555 persons from voter list. In this event any commission of illegalities or contravention of any rules or laws election of only those centers could be declared void without touching the result of other cent..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....voluntarily made and it was taken in his presence and it was read over to the person making it and it was admitted by him to be correct. Hence it appears that the learned Magistrate complied with the provisions of section 164 of the Code of Criminal Procedure in recording the disputed confessional s......yment of fine to suffer imprisonment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by some unknown persons and the accus..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......uted the bainaptra and handed over to the plaintiff and he accepted it. Acceptance of the said instrument by the plaintiff completed the agreement between the parties, and there was, consequently, in law, a contract in writing. The plaintiff instituted the present suit praying for registration of th..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....ve been written by the same person. But it does not specifically say by whom such comparison may be made. Construed in the light of English law on the subject, which is the legislative source of this provision, it is clear that such comparison may be made by a handwriting expert (Section 45) or by o...... resolve the point raised in the Rule it is necessary to have a glance over sections 45 and 73 of the Act which are as follows: “45. When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......on invoking section 4 can be made at any stage before the preliminary decree. 15. In the background of what has been held above. I find that the learned Subordinate Judge has committed an error of law in passing the impugned order and as a result there has been a miscarriage of justice. The defen..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
.... Rin Case an appeal could be filed within 30 days from the date of decree and on payment of 50% of the decretal amount. We see that the relevant amendment came in 1990. It has been stated in the said provision of law that the suits of the nature of Artha Rin suit as earmarked in the said Act pending......w cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....t any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava has been curtailed unlawfully from the Nikah Registry area of the petitioner contrary to the provision of law and rules as the petitioner has been permanently appointed as the Nikah Registrar, ......22 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo ..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being same they are heard toget..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....earned District Judge which was heard by the learned Additional District Judge, Dhaka. The learned Additional District Judge considering the materials on record and also having regard to the relevant provision of Co-operative Societies Ordinance, 1984 set aside the order passed by the learned Assist......ttee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plainti..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....llowed the Revision by his impugned judgment and order dated 5-8-99 and directed the learned Magistrate to hold further inquiry as to the Naraji petition filed by the informant In accordance with the provision of law and the observations made by him in the body of the judgment, setting aside the imp......aripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting aside the order 2-12-98 passed ..Category: Criminal Law | Date: | Hits: 40
....hat revision under section 115 of the Code of Civil Procedure against the order of mandatory injunction passed under Order 39 rules 1 and 2 is not maintainable.
15. In reply, Mr. Alam read out the provision of Order 39 rules 1 and 2 of the Code and submits that no such ad interim injunction in th......is subsequent Rule obtained by the plaintiff against the order of addition is taken up first for hearing, In support of the Rule; Mr. Khondakar Mahbubuddin Ahmed submits that the Trial Court erred in law in the absence of the plaintiff in allowing the prayer for addition and without giving any oppor..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....this connection let us quote section 82 of the Penal Code which runs as follows: “82. Nothing is an offence which is done by a child under seven years of age.” 9. On perusal of the aforesaid provision of law we are led to irresistible opinion that this proceeding against 4/5 years old child......on Report with Nilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....d the same has occasioned failure of justice. 6. No one appears to oppose the Rule. 7. The learned Advocate appearing for the petitioner has placed before us the impugned order and the relevant provisions of the Artha Rin Adalat Rin, 1990. In the facts of the case, we clearly find that the lea......older plaintiff bank moved this court and obtained the present Rule. 5. Mr. MA Tariq, the learned Advocate appearing for the petitioner, submits that the learned execution court evidently erred in law going beyond the decree by exempting 60% of the interest on the principal amount and by granting..Category: Civil Law | Date: | Hits: 92
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