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Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ing ground that Police is law enforcing agency and they are guided by Bangladesh Police Regulation and the Regulation is parallel to the Code of criminal procedure and in police Regulations there are provisions permitting the presence of Police Officers at the time of inquiry. 10. Being aggriev..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ...... the plaintiff, on the same day, two trucks of the petitioner (already hypothecated to the Bank in connection with separate loan) and the house property of the judgment debtor were attached under the provisions of Order XXXVIII rule 5 of the Code, and also a warrant of arrest was issued against the ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......h Bidhan) Adalat. The convict Alamgir Hossain is a child below the age of 16 years and as such the trial as held and the judgment passed by the Special Tribunal is without jurisdiction in view of the provisions of section 5 of “The Children Act, 1974”. The learned Tribunal seriously erred in law..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......viction is not for moral turpitude the petitioner should not be held to be disqualified to be a Member of Parliament or to act as such. 7. Before proceeding further let us look into the relevant provisions of the Constitution. Article 66 of the Constitution provides as follows: ‘(..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......of his service was illegal. In that background of the facts of the case and the relief sought, it has been held in the reported decision that the relief in the suit “could not be covered by the provisions of section 42”. So, this decision has no relevancy to the point or question of law ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....;………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without giving them an o......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....n the suit land and that the same was never an enemy property and further directed to deliver vacant possession of the suit land to the plaintiff within 30 days of the decree by an order of permanent mandatory injunction and an appeal therefrom was, however, allowed in part setting aside the impugne......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... of the structures of semi-pucca houses in question as communicated under memo No. J-I- 150/93/6296 dated 22-8-93 by the Commissioner of Settlement, Ministry of Works, is illegal, void, etc and for a mandatory injunction directing the defendants to refix the valuation at Taka 24,537.77. The disputed......e is nothing on record to show that the plaintiffs filed the suit in representative capacity on fulfilment of conditions laid down for such a suit. To bring a suit in the representative capacity, the provisions of Rule 8 of Order 1 of the Code of Civil Procedure have to be complied with. The rule pr..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......slim marriage at the instance of the husband and the remarriage after the dissolution becomes effective are codified in section 7 of the Muslim Family Laws Ordinance and its section 3 states that the provisions of this Ordinance shall have effect notwithstanding any law, custom and usage. Now we quo..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......panies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") fo..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......ow the rank of Sub-inspector. The words ‘report in writing made by a police officer’ was not explained in the Special Powers Act but section 29 of the Special Powers Act provides that the provisions of the Code of Criminal Procedure, so far only as they are not inconsistent with the prov..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......hat sub-section (1) of section 6 of the Criminal Law Amendment Act shows that Chapter XXXVIII of the Code of Criminal Procedure has no manner of application to a proceeding under the Special Act. The provisions of Chapter XXXVIII are not available to a case triable by the Special Judge under the spe..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....tees for enquiry into the working of any general or particular aspect of either Board’s functions including an enquiry of the present nature for its own information and knowledge. But to issue a mandatory direction on a Board requires a backing of some law which the concerned Ministry does not...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......strate of the First Class acquits a person of the offence of theft under section 379. He cannot be tried again for dacoity on the same facts without setting aside the acquittal in accordance with the provisions appropriate to the purpose. The Rule was made absolute and the conviction and sentence we..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......nd wider powers to the High Court and the Court of Session but this power will no doubt normally be exercised in a reasonable and judicial manner taking into account the limitations placed by other provisions of the Code upon subordinate authorities and that a rule founded on justice and equity w..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......ow the question is, whether respondent No.1 can be directed to allow the petitioner to pay the balance interest of Taka 77,43,184.25. Since respondent No.1, Agrani Bank has been constituted under the provisions of Bangladesh Bank (Nationalisation) Order, 1972 President’s Order 26 of 1972 in view o..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......rom foreign heads of governments, and described as such; that under Rule 3 with the Schedule 1, Clause I (a) of the Arms Rules, 1924 the petitioner as a former president is exempted from the relevant provisions of the Arms Act, 1878; and that admittedly the arms were surrendered and /or delivered to..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......in the FIR and in the police report and that facts stating which charge under sections 9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceived and illegal and tha..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ell. I e it is not contrary to, i.e. or prohibited by, Muslim law, even as narrowly interpreted by the Hanafi jurists, that the husband should make some consolatory offering to his divorced wife. The mandatory mataa or gift due to the woman divorced both before consummation and before an amount of m......ed since it must depend on the husband’s financial circumstances on the social consideration of the time” 24. Shaikul Hind in his Urdu translation qualified maintenance “as per provisions of law”. 25. Baidavi in his commentary on the Holy Quran observes: “Main..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......relevant. There cannot be an order for wholesale production of information as directed be related to the investigation of any specific case. Section 94 does not confer on a proper construction of the provisions of the Criminal Procedure Code and the Anti Corruption Manual, any power on a police offi..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
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