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Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......he Guardians and Words Act--While dealing with matters referable to the custody of a child, whether the established legal position is that the welfare of the child is of prime Consideration. The provisions of Article 102(2) (b) of the Constitution is very wide in nature as it provided that any ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....s per week in any year." It appears that sub‑section (1) of section 50 provides the minimum hours of work allowable, This provision does by no means empower the employer to circumvent the mandatory provision of section 9 of the Minimum Wages Ordinance, 1961 which makes it mandatory for t......al or otherwise, he is entitled to receive wages at such higher rate, or to continue to enjoy such amenities and other advantages as are customary for such worker to enjoy, and (c) to affect the provisions of the Payment of Wages Act, 1936 (IV of 1936). (3) Any employer who contravenes the..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......967, the Allahabad High Court held: ............Section 145 CrPC was enacted not with the object of giving one party an advantage over the other. The Magistrate must guard themselves against the provisions of the section being abused by the section being used with the object of getting possessi..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ...... locus poenitentiae, in respect of the said order. The power passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....peals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. ......sion of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. This provision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and foll..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....er the said passport Order reasons are to be given for passing an order under Article 7. That being so and the order being appeal able, if not passed by the Government, the giving of reasons would be mandatory and be in detail to afford an effective representation or to decide the reasonableness of ......e not just and valid. The impounding of the passport was done in public interest. 11. We have examined the rival contentions but before, adverting to those it would be convenient to refer to the provisions of law germane to the instant. order. The granting of passport or the refusal to grant pa..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ...... in custody under the preventive detention and subsequently prosecuted before any appropriate court or Tribunal so far as Special Powers Act is concerned. It has combined both punitive and preventive provisions for the self same cause. For part actions one can be prosecuted before an appropriate Tri..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......e. the post of Muharrars in the clerical establishment of the Registration Department are mandatorily filled up by selection from the Tax Collecting Muhaffars on the basis of seniority as per amended provisions of Rule 3 10(a). It is stated by the petitioners that the seniority of the Tax Collecting..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....aurashava for anything done in official capacity and that the notices Exts. 3a and 3b which gave rise to the plaintiffs cause of action were issued in official capacity.
Whether the provision is mandatory or not, one has to look into its language, which is one of absolute prohibition. It is tru......has pressed only one point. He submits that the learned Subordinate Judge has seriously erred in law in finding that prior service of the statutory notice was not a necessity, He takes me through the provisions of section 152 of the Paurashava Ordinance and argues that whatever was done by the Paura..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......t authority, in their application to Bangladesh, be subject to the Adaptation directed in this order” 16. Article 149 of the Constitution provides as follows: "49. Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended o..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......ot be said to be a part of the same transaction. There was thus neither proximity of time, nor proximity of place, nor continuity of action nor community of purpose in the present case to attract the provisions of clause (d) of section 239 of the Code of Criminal Procedure." 32. The fac..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....application for permission for sale of the pledged goods and in fact the impugned order has been passed ex parte behind the back of the defendant‑petitioners in utter violation and disregard of the mandatory provisions of law, namely section 176 of the Contract Act to the serious prejudice of the ......n for permission for sale of the pledged goods and in fact the impugned order has been passed ex parte behind the back of the defendant‑petitioners in utter violation and disregard of the mandatory provisions of law, namely section 176 of the Contract Act to the serious prejudice of the defendant..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defendant No.3 has had no right to trans..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......ot applicable in the case of old consumers who had already authorised PDB under written contracts to supply meters to them. They further contend that in the import policy orders in question there are provisions to allow the import of the said goods from foreign countries for the use of public sector..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......yees were appointed by a lawful authority by the then exile Government and they are entitled to get their legitimate rights secured which have been done by the impugned Rules and that in terms of the provisions contained in Article 150 of the Constitution the transitional and temporary provisions se..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......e, it is difficult to hold that the learned Subordinate Judge has passed the same with proper application of his judicial mind to the facts of the case for amendment of the plaint on the basis of the provisions of Order 6 rule 17 of the Code of Civil Procedure which runs thus‑ “17. The ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......কোন তথ্য একীভূত অবস্থায় বা অন্য কোনভাবে প্রকাশ করিতে পারিবে।”
11. Thus in view of the clear provisions of section 37 of the Bank Companies Act, 1991 the Bangladesh Bank had committed no illega..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ...... of the world for newspaper owners and news organisations. Their locus standi as well as means of access to the Courts are without doubt assured. The petitioner also cannot challenge the various provisions of Act No.XXX of 1974. When it has no locus standi to challenge the Wage Board award it c..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
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