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Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......lame on you for what they do with themselves. Provided it is reasonable. And God is Exalted in Power, Wise." "For divorced women maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous." "Thus doth God make clear His Signs to you: in order that ye may understa..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......Nos. 3‑5 have been abstaining themselves from attending the Parliament since 1.3.94 although the sessions of the Parliament are continuing and the respondents failed to perform their constitutional duty and obligation in projecting the cause of the people. It is stated that the abstention of respo..Category: Constitutional Law | Date: | Hits: 344
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
.... to the Writ Petition No.4040 of 2007) that although since 50% of the total number of 9143 work-charged employees till 1986 comes to 4572 but instead, 6,654 were already regularised, apparently, an excess of 2,182 employees were regularized. As such, the committee concluded that there is no scop......to follow a certain procedure, it is in the interest of good administration that it should act fairly and should implement its promise, so long as implementation does not interfere with its statutory duty. The principle is also justified by the further consideration that, when the promise was made, ..Category: Employment/Service Law | Date: | Hits: 208
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....rcumstances for commuting capital sentence. There is no hard and fast formula but the following grounds are common for commuting death sentence. 1. Grave and sudden provocation. 2. Abnormal and excessive delay in executing of death sentence for want of confirmation and the condemned prisoner i...... 22. In cross-examination he denied the suggestion that he was not a member of the police party or that he deposed falsely. 23. PW 7 Sub-Inspector Amulaya Das in his evidence deposed that he as duty officer filled up the form of first information report marked Exhibit 5 and his signature there..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......in question cannot affect the admissibility of the evidence of the girl. (2) It is, however, desirable that Judges and Magistrates should always record their opinion that the child understands the duty of speaking the truth and state why they think that, otherwise the credibility of the witness m..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......flicted assaults on others who accompanied the deceased. Accused Ashraf was also holding a gun with him at that time. Then Togor was taken to Naogaon hospital by ambulance when the Medical Officer on duty declared him dead. Accused Dr. Nurul Islam along with the aforesaid co-accused persons by formi..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ed Hajrat Ali and Yousuf Ali before making their confessions were detained by Police for 8 days and of, the rest, 2 accused namely, Harun and Marfat for 4 days and Faruque for 5 days it was a bounden duty on the recording Magistrate to assure them that they would not be sent back to the Police custo..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......r setting aside the dismissal of the suit for default on the ground that the show-cause notice in question did not specify the steps they were required to take and they were thus confused about their duty in pursuance of the order of the Court and the same prevented them from taking the desired step..Category: Procedural Law | Date: | Hits: 87
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....warrant of arrest against the accused persons before filing the list of prosecution witnesses as required under section 204(IA) of the Code of Criminal Procedure was illegal and that the CMM acted in excess of his jurisdiction as the 4th column of the 2nd schedule of the said Code did not authorise ......-4-97 of CMM. In their application dated 10-5-97 1st party raised fresh grounds to the effect that neither the Commission nor any duly authorised officer filed the case and Mr. MA Rashid Khan was not duty authorised by a gazette notification under section 28 of the Ordinance and as such taking of co..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......dered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time." A suit based on non-delivery is really based on a breach of the duty laid down in that section. Reliance may be placed on E.I. Rly. Vs. Piyare Lal AIR 1928 Lah 774...Category: Civil Law | Date: | Hits: 112
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214....... against accused-petitioner Md. Nasiruddin Ahmed Pintu, former member of the Parliament, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief..Category: Criminal Law | Date: | Hits: 230
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......s to show cause as to why the impugned letter dated 25-11-1993 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effe..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ction Officer (Protocol) and the said post of Section Officer was declared as ex-cadre post. The petitioner was then given current charge of the said Section Officer (Protocol) in addition to his own duty vide Annexure-H dated 13-7-1993 in the national pay Scale of Taka 2850-5155. But by the Annexur..Category: Employment/Service Law | Date: | Hits: 184
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....t has been provided only for the financial institution of the nature and character as defined in sub‑section (ka) of section 2 of the Act. It is further submitted that the respondent No. 6 acted in excess of his jurisdiction in entertaining the counter‑claim for a sum which being not ascertained......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ed Advocate that delegation of power under section 3(4) or the Act to the Board to levy duty and to vary the levy which is an essential legislative function is also illegal and void as it constitutes excessive and impermissible legislative derogation of power. 9. Mr. AK Mujibur Rahman, the learne......s the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed of by this common judgment. In these writ petitions mainly levy of excise duty, commonly known as capacity taxes, is under challenge. 2. The capacity tax was recognised by..Category: Fiscal/Taxation Law | Date: | Hits: 199
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......h thereby dispensing with his duties at Jessore Bench from 10 March 1983. He has explained that in his absence the Assistant Attorney-General, Mr. Abdul Wahab, was there in the station and it was his duty to appear before the Court, as usual, either to conduct the case or to seek adjournment. Adjour..Category: Criminal Law | Date: | Hits: 116
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....e by a Secretary of State”, yet, in principle it is the same kind of control which the Courts exercise, even today, whether they are reviewing a point of law raised in the Magistrates Courts or the excess of jurisdiction by a government department or a local authority. 54. As early as 1922, the....... Prof. (Sir) Wade and Prof Forsyth’s following expression represents the traditional as well as the changed view; “Judicial Review is designed to prevent access and abuse of power and neglect of duty by public authorities. In the past there was clear test for determining the limits of the Court..Category: Property Law | Date: | Hits: 159
Category: Civil Law | Date: | Hits: 218
Category: Property Law | Date: | Hits: 159