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Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....cal consideration out of grudge, the trial Court passed the order without applying judicial mind in rejecting the application for withdrawal filed by the State. He further submits that in view of the provision of section 494 of the Code of Criminal Procedure the decision for withdrawal being taken a......next date has been fixed for examination of the accused persons under section 342 of the Code of Criminal Procedure. It is further stated that Additional Sessions Judge, on consideration of facts and law points, found accused-petitioners having not been implicated out of political grudge and that th..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....mpetent witness about the said matter……………………….(19) The Specific Relief Act, 1877 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which ......screpancy obviously due to error of memory by lapse of three years, that it being in the deposition of the PW 1 that at the time of drafting the petition in the House Rent Control Case he told his lawyer about the bainapatra and, as such, in the background of the said statement of the PW 1 non&#..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....Pakistan) and to evaluate the quotation, Md. Nasim, the then Minister held a meeting and by misusing his position, single handedly appointed Consociates Ltd. as consultant, although there was no such provision. In that meeting, it was informed to the Minister that some other farms also applied for b......ive had to perform certain things, in which, he may not follow the norms and it might be irregular but it cannot be said to be an offence and it cannot be branded a penal offence punishable under any law of the country. Mr. Huq further submits that the statements of the witnesses under section 161 o..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....s completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11) Cases r...... that the President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 are all valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part ther..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
.... possession of the arms within certain specified time and he fails to deposit the arms within that specified time. The petitioner having possessed the arms under the licence has not breached the provisions of sections 14 and 15 of the Arms Act nor the petitioner has violated any condition subje......illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to have been committed unless the licence of the licensee validly cancelled following the proviso of law, unless he is asked to deposit and surrender the possession of the arms within certain specified..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... as specified in the Iodine Diseases Prevention Act, 1989; (b) to revoke licences and take action against respondent Nos. 6-12 and other manufacturers of iodized salt, those failed to comply with the provisions as enumerated in the said Act; and (c) to identify the unlicensed and fake manufacturers ...... concerned with the sale of edible salt without or inadequate iodine contents, which affects the ordinary people of this country causing Cretinism and Goitre, two deadly diseases, in violation of the laws of the country, the petitioners moved this application and obtained the Rule. 6. It has been s..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....by the plaintiffs. The learned Advocate for the plaintiffs contended that the deed of relinquishment does not confer title and this document being one over Taka 100 should have been registered as per provisions of Registration Act and for want of registration, the same is not a valid document. It is......the respective parties made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illega..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....such illegal loans to the different persons and commercial enterprises. If it is found that the accused-petitioner had done the mischief as a public servant, the allegation may also attract the penal provision of section 5(2), Prevention of Corruption Act, 1947 on the charge of criminal misconduct. ...... in the service of the City Bank. Admittedly, he was dismissed from Bank service on 24‑7‑91 and he was not a public servant at the time when cognisance was taken in this case. It has been settled law in our jurisdiction that if the accused has ceased to be a public servant at the time when the c..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ....... Hence is this petition. 4. Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendan..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ...... to the effect that after construction of the commercial building in the suit premises the defendant tenants would be accommodated in the new premises. 6. The High Court Division observed that law permits eviction from the premises for construction or re-construction according to section 18 (..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......ng written objection denying all the material allegations made in the petition contending inter alia that the petitioner's case under Order 9, Rule 13 was not maintainable, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared b..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....y the office order dated 27.3.2001 to respondent No.5 is violative of the writ-petitioners right to protection of law guaranteed by Article 31 of the Constitution and also violative of the equality provision guaranteed under Article 27 and 29(1) of the Constitution, that treating the respondent ......ent charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping by the office order dated 27.3.2001 to respondent No.5 is violative of the writ-petitioners right to protection of law guaranteed by Article 31 of the Constitution and also violative of the equality provision guar..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......rties the High Court Division made the rule absolute declaring the order dated 02.01.1993 issued by the Ministry of Public Works canceling the allotment in favour of the writ petitioner to be without lawful authority and of no legal effect. Hence is this petition.
4. In support of the petition M..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....with section 537 of the Code of Criminal Procedure. Mr. Huq then submits that the learned Judge failed to appreciate that the trial itself was illegal because of non‑compliance of the mandatory provisions of section 339(B) of the Code of Criminal Procedure in not publishing notice for appearan......iminal Procedure. Similarly, his view expressed in the judgment as to non‑compliance of section 339B of the Code is also not correct, which appears to have been taken ignoring the provisions of law as mentioned above by us. 12. We, however, agree with the ultimate result of dismissal of..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....ssue, the learned Advocate submits that the first Power of Attorney allegedly executed by the ship-owner is not in accordance with law since it was not revalidated and duly stamped as required by the provisions of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument c......ue, learned Advocate appearing on behalf of the opposite party-plaintiff, submits that the record shows and this Hon'ble Court accepted that the service upon the defendants was in accordance with law and hence proceeded to deliver judgment ex parte. He further pointed our that the judgment in Ad..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......e is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....reement initiates legal proceedings against other party in respect of any matter agreed to be referred to arbitration, the Court would have no jurisdiction to hear any legal proceeding save under the provision of this Act. The section is never intended to bar any suit. Nor there could be expected of......ির এখতিয়ার আদালতের থাকিবে না।" 24. Close reading of the above provisions makes us clear, that notwithstanding anything contained in other law for the time being in force, where a party to an arbitration agreement initiates legal proceedin..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......or according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.” 6. To decide whether in a particular case provisions of section 149 is attracted, it is to be proved, that the accused was a member of an......…..Respondent Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149 All the members of the unlawful assembly might not have the common object of murdering the victim but they had common object..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
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