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M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....r of East Pakistan was not competent to issue the Notification under the said section inasmuch as the Act omitted to specify the authority that could issue such a Notification. 3. The provisions of section 1 of the Act relating to its extent and commencement, as originally enacted, ......notices were challenged by the appellants before the High Court of East Pakistan by means of writ petitions under Articles 98 of the then Pakistan Constitution, as having been made without any lawful authority, on the contentions, inter alia, that the Urban Immovable Property Tax Act being ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....1964). It has also been held that section 50 of the D.V.C. Act, 1948 which provides that the employees of the Corporation "shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the Act to be public servants within the meaning of section 21 of the Indian Penal C......he High Court Division on consideration of the affidavits declared the impugned order dated 31-5-1973 dismissing the respondent from the service of the Corporation to have been passed without lawful authority and of no legal effect. 4. The appellant-corporation moved this Division for sp..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ......d to consider the question whether the service contract of the respondent No. 1 who was an employee of a (The Appeal is being reported later on) statutory Corporation was governed by the law of Master and Servant, and whether in absence of any rule framed under the Bangladesh Bank (Nat..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....ect that he was engaged in prejudicial act encouraging "and inciting interference with the administration and maintenance of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of Article 2 of President's Order No. 50 of 1972. It......by the Officer-in Charge of Lakshmipur P. S. to the effect that he was engaged in prejudicial act encouraging "and inciting interference with the administration and maintenance of law and order in the locality and thereby violated the provisions of sub-clause (d) of clause 4 of..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....l be an award of the tribunal and not a court subordinate to the High Court in terms of s. 115 Civil Procedure Code. He has further elaborated his argument by reference to various provisions of the Town Improvement Act and the Land Acquisition Act. He says, in support of his con...... on 3.10.1963. Since the last mentioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the amended law and in force before the final publication..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ction 75A of the State Acquisition and Tenancy Act. The Government treated the transaction between the appellant and his vendors to be a pure and simple lease which was said to have been hit by the provision of section 75A of the State Acquisition and Tenancy Act. The High Court in the Writ case f......r. He did not also deposit the transmission cost while he deposited the rent with the Rent Controller. In these circumstances the learned counsel urged that the appellant was not required under the law to bring to the notice of the Rent Controller that the respondent tenant in an affidavit filed b..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....e of their collaboration and in furtherance of their common intention committed murder of Md. Yusuf Ali. Accordingly, they were charged under section 302/34, Penal Code read with the relevant provisions of President's Order No. 8 of 1972. There was no accusation or charge against the appell......nor to an offence under section 302 B.P.C, So the conviction of the appellants under section 364/34 in the absence of a charge thereunder invoking the aid of section 238 Cr.P.C. is bad in law and cannot be sustained. 6. The learned Counsel in support of his contention that there ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....n law was not an information in writing first in point of time as regard the incident in which Driver Siddiqud Bhuiya alias Raja Mia died within the meaning of section 154 CrPC but falls within the provision of section 161 CrPC. The law in this regard by now is settled that whatever information,...... No. 31. 3. PW 6, assistant sub inspector attached to Sonargaon Police Station (PS) and PWs 4, and 8 constables attached to Sonargaon PS who along with some other personnel of law enforcing agency were on patrol duty on the Dhaka Chittagong High Way at 2-45 hours the night ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......needed to deter or correct the offender; or (c) the victim requires pecuniary help from the offender. 12. Considering the law, fact and circumstances as discussed above, we find that the conviction must be altered and the..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......y, for public interest the order of retirement was passed under the Public Servants (Retirement) Act, 1974 He submits that the High Court Division committed wrong in discharging the Rule when. the law on this point is, settled and when the Government took the aforesaid decision in public interes..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......ate Court found to be illegal but the Court Division overlooked this aspect of the matter. It is also submitted that the appellate Court found that the plaintiff in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the defe..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....he submission of Mr. Rokanuddin Mahmud, learned Advocate for the plaintiff- appellant, leave was granted on the following two grounds- (1) The High Court was wrong in holding that the provision of section 103 of the Bank Companies Act, 1991 is applicable in the facts and circumstan......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....; 3. The High Court Division which examined the Service Rules of Oil, Gas and Mineral Corporation, Ordinance No. XXI of 1985 which was placed before it did not contain any such provision. The High Court Division further observed that even if the rule 9 quoted above existed th......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ...... and sentence of the accused petitioner. The first ground was that in the first information report the time of death was stated at 8-30 PM while PW 4 and PW 5 who were respectively the daughter-in-law and minor son of the deceased deposed that Asia died at the time of Zohr prayer. Second ground w..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
.... 561A of the Code of Criminal Procedure for quashing of the proceedings of the cases contending amongst others, that out of single transaction starting of three cases being in contravention of the provision of section 234, Code of Criminal Procedure, the said three proceedings are liable to be q...... Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by s..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ng him elected by the Returning Officer. 5. The High Court Division by the judgment and order dated 6th January, 1999 made the Rule absolute holding that- “the provision of rule 39(4) is a mandatory one consequently we also hold that without compliance of ......t the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or his agent is lawful. Sending of “K” form without signature of the candidate or ..Category: Election Law | Date: | Hits: 124
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....cted against the said judgment and order dated 27-7-1999 It has been urged in support of the leave petition that the said application under section 151 of the Code of Civil Procedure was hit by the provision of Chapter X of the High Court Rules and that the learned Single Judge of the High Court ......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appearing in the proceeding asserted that the amendments made were approved and the amendments are valid under the law. The High Court Division therefore held that the alleged non-fulfillment of the conditions as ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......I rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... by large number of city dwellers and therefore there was no illegality in altering the layout plan in such manner. The High Court Division did not accept this contention and examined the relevant provisions of the Town Improvement Act, 1953 under which RAJUK was constituted. ......issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the..Category: Property Law | Date: | Hits: 56
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