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Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ...... the juvenile Courts and the concerned law enforcing agencies, Prosecuting agencies and legal Aid committees be directed to take immediate steps in the mater. 2) Taking into consideration of the provisions of Section 82 and 83 of the Penal Code, it is directed that the Government do consider ma..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......bjection was filed by defendant Nos.1, 2, 8 and 9 opposing the prayer for temporary injunction stating, inter alia, that the suit itself is not maintainable in its present form being barred under the provisions of section 42 of the Specific Relief Act. Defendant No.8 selected polling stations withou..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of the equality clause of the Cons..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......on of transfer of shares because of sections 21 and 34(7) of the Companies Act. 26. We have considered the submissions of the learned Counsels of both sides and considered the relevant provisions of the Companies Act of 1913 and 1994 and find that they make a distinction between a p..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ...... had raised alarm neighbours came and she narrated the incident to them. On the basis of the information lodged on February 26, 1997 by PW 1, Baghmara PS Case No. 10 dated February 26, 1997 under the provisions of Nari‑o‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (the Ain) was started. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......espondent claims to be a post of higher responsibility), in law and equity the petitioner is entitled to the pay of the post or additional compensation for performing higher responsibility as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......sections 459 and 461 of the English Companies Act, 1985, section 397 of the Indian Companies Act, 1956 and sections 53 and 260 of the Australian Companies Act, 1989. An analysis of these equivalent provisions give an useful insight into the Bangladeshi section 233 and helps to understand its mean..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......or. 'Securities' in respect of which a succession certificate can be granted. 18. The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act, especially sections 370 to 381, there did not seem to me any scop..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......ustoms authority at the Zia International Airport for the return of the goods. It was also the contention of the Respondent No. 1 that the goods so brought by the writ-petitioner did not cover by the provisions of section 142 of the Customs Act and that as the Writ-petitioner failed to clear the goo..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... further claimed that because of the allegation of using forged documents in a proceeding before a revenue Court, investigation as well as the trial, ought to have been held by the same Court, as per mandatory provisions of sections 195 and 476 of the Code of Criminal Procedure. Since investigation ......laimed that because of the allegation of using forged documents in a proceeding before a revenue Court, investigation as well as the trial, ought to have been held by the same Court, as per mandatory provisions of sections 195 and 476 of the Code of Criminal Procedure. Since investigation as well as..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......mposed by the department came up for consideration in the case of Sonali Bank vs. Rubul Amin Khan reported in 1994 BLD (AD) 171 and therein it has been observed “from a reading of the aforesaid provisions it becomes clear that in matters assigned to the Tribunal, its jurisdiction is exclusive ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......above we are of the view that the prosecution has made out a prima facie case and now the burden is on the accused to show that he is not guilty or the prosecution has acted in contravention of the provisions of the Ordinance. 18. In view of the above we fail to agree with the learned Adv..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....an not be concluded within specified time or within extended period, the proceeding shall be stopped and the accused persons shall be released." Thus the said section was interpreted to be of mandatory nature. 18. The said provision has been substituted by a new sub‑section (4......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......times it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of the provisions of sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could su..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......ed with the suit which was allowed to be dismissed for default on account of her non‑appearance as she did not take any further step to have the orders of dismissal for default set aside. Under the provisions of Order IX, rule 9 CPC the present suit is barred." Thus their Lordships of th..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......nt of a receiver of a car till disposal of the suit for recovery of a motor car pledged by the plaintiff to the defendant could be made, this Court held, inter alia, that: "The provisions of the Code are ordinarily meant to serve the ends of justice but it sometimes so happens..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... started against the accused petitioner being an abuse of the process of the court the same is liable to be quashed. 6. As against that it was contended on behalf of the complainant that provisions of Negotiable Instruments Act do not bar the Attorney of the payee in filing petition of ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....l allegations contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without paying the transfer fee as per mandatory provisions stipulated in the lease deed. 4. The defendants No. 3 Ministry of Pub......ons contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without paying the transfer fee as per mandatory provisions stipulated in the lease deed. 4. The defendants No. 3 Ministry of Public Works ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110