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University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....tioner's answer script of the 13th paper, namely, Administrative Law of the Examination of LL.B (Hon's) Part-IV of the year, 1999, examination held in the year 2000 in accordance with the relevant provisions for re-examination within the period of two months from the date of receipt of the judgm......wo months from the date of receipt of the judgment. The High Court Division made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the background of the facts that the writ-peti..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....reon. The High Court Division was also of the view that the judgment in the Title Suit No. 626 of 1975 and in the Title Appeal No. 92 of 1979 were not being the judgment kind as contemplated by the provision of section 41 of the Evidence Act and that not being the judgment as regards the matter &...... the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and Appeal No. 92 of 1979 was bad in law. The High Court Division further was of the view that the land as to which decree for khas poss..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......her under section 307/34 of the Penal Code for attempting to cause murder of Shakkhar (2), son of the victim Chapa, in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich business of Barisal. He has several sons and daughters living in..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....g the Rule absolute in as much as the case against the petitioner being false and concocted and the petition of complaint having not disclosed the criminal offence taking cognizance being a bar by provision of section 195(1)(c) of the Code of Criminal Procedure the High Court Division ought to h......ate for trial. The accused-petitioner appeared before him and prayed for bail on the ground among other that the aforesaid G.R. Case is not maintainable against him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing ..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....nd 7 are therefore reproduced below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those ......making a direction in the impugned judgment to implement the scheme under the said Act, 1968. Hence the impugned judgment and order passed in the aforesaid two writ petitions is not sustainable in law. 9. Mr. A. Mannan, the learned Counsel for the respondent workers dismissed the above co..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
.... Union Parishad on 26.01.1998. While he was performing his official functions and public duties as Chairman of the Union Parishad, the respondent No.2 issued impugned order of suspension under the provisions of section 65(1) of the Local Government (Union Parishad) Ordinance, 1983 (shortly the O......ion as enumerated in section 12 of the Ordinance that is "where any proceedings have been initiated for the removal of the Chairman under section 12 or where any criminal proceedings under any law have been started against such Chairman or where on an enquiry by the Government, he is found ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. The High Court Division in the instant case considered the principle of law and did not find favour with the petitioner. The proposition in the case of Aftab Ahmed Vs. Moi..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......Criminal Procedure and the High Court Division allowed transfer of the case from Barisal to Khulna. 5. Leave was granted to consider the submission that the High Court Division erred in law in failing to consider the ingredients of Section 526(4)(d) and (e) of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 41
....Mukherji seems to proceed on an assumption which is not justified by law that the shebaits have some sort of vested interest in the debutter property of which they cannot be divested except by some provision of the law of transfer. As is well known and the point is now indisputably settled by the .......
10. As it appears in the case of Bhuban Mohan Koley vs. Narendra Nath Konwar 35 CWN 478, it was held as follows:-
"Dr. Mukherji seems to proceed on an assumption which is not justified by law that the shebaits have some sort of vested interest in the debutter property of which they canno..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....o Regulation 11A(2) of Regulations on having completed more than 25 years of service. 4. The writ petitioner challenged legality of the said order of retirement as well as legality of the provision of Regulation11A (2) of the Regulations by filing the aforementioned Writ Petition. ......rvation and finding the High Court Division discharged the Rule. 9. Leave was granted for consideration of the submission that Bangladesh Biman Corporation had no power under the law to retire the appellant compulsorily from service on completion of 25 (twenty five) years of se..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......ce under the said offence. 5. Mr. Habibul Islam Bhuiyan, learned Counsel, appearing for the petitioner submits that the learned Single Judge of the High Court Division fell into a serious error of law in dismissing the appeal without considering the defence case that the appellant deposited the..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... (Land) Mirzapur in Mutation Case No. 6(XIII) of 1994-95, the Complaint Case No. 520(1) of 1995 cannot be proceeded registered on the basis of complaint filed by the respondent No. 1 because of the provision of section I95(1)(c) of the Code of Criminal Procedure, since the provision of the said se......f the proceeding of Complaint Case No. 520(1) of 1995 amounts to an abuse of the process of the Court. 5. The High Court Division discharged the Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it cl..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....taken into consideration to lend any additional assurance to the substantive evidence on record" 26. The question of using the confession of a co-accused, which was retracted, in the background of provision of section 30 of the Evidence Act against an accused who was tried with confessing accused......rsons and the confession so made is proved voluntary and true, the Court may take into consideration such confession as against other accuseds as well as the accused who has made such confession. The law is now settled that confession of an accused can be used against the non-confessing accused in f..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....in death-bed resulting in the disposal of the revisional case in the absence of the appellant and without his knowledge. 3. Leave was also granted to consider whether the trial Court ignored the provision of law in holding that limitation would start from the date when the fact of registratio......resulting in the disposal of the revisional case in the absence of the appellant and without his knowledge. 3. Leave was also granted to consider whether the trial Court ignored the provision of law in holding that limitation would start from the date when the fact of registration was entered..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......y to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and an..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......peal below, having noticed such finding, did not disapprove of the same, the finding on such issue was concurrent finding of fact and that the learned Single Judge of the High Court Division erred in law by interfering with such finding in revisional jurisdiction without any consideration of the evi..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... "When a borrower or his surety makes default in repayment beyond 24 monthly instalments or otherwise fails to comply with the terms of the agreement........., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, m......een made a disqualification to be elected or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment makes the borrower defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 &..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... derive a benefit thereunder such sale must be accompanied by the manner of sale contemplated in the second paragraph of section 54 of the Transfer of Property Act. For omission to comply with such provision of section 54 of the Transfer of Property Act, a sale is not vitiated at all and it can be...... In the circumstances the assessee agreed to hand over its assets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal recorded the following observation: "Sale in section 10(2)..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....ection (2) of section 34 C.P.C is not attracted in the facts of the present case because the decree is not silent in respect of the interest mentioned therein. 10. It is necessary to examine the provisions of section 34 C.P.C. which relates to interest and reads as follows: 34. (1) Where and......at the Executing Court had granted the certificate of satisfaction in the Execution Case at all. 7. Leave was granted to consider whether the view taken by the High Court Division was justified in law and fact. 8. Mr. Asrarul Hossain, learned counsel for the appellant, placed the terms of the ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....earned Counsel for the Corporation, had placed before us the Industrial Relations (Amendment) Ordinance 1989 published in the Bangladesh Gazette on November 15,1989. By that amendment the earlier provision of section 47B has been substituted by the following new section 47B:- “Neither the P......ibunal other than the administrative tribunal in respect of any matter falling within the jurisdiction of the administrative tribunal the First Labour Court's order dated 3.11.88 was passed without lawful authority and was of no legal effect. 5. Leave was granted to consider whether the non-tra..Category: Labour and Industrial Law | Date: | Hits: 111
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