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....nction of an explanation is to clarify, to facilitate the proper understanding of a provision, to serve as a guide, as held in the case of Muhammad Hussain Patel. Nevertheless, it does not exhaust or complete the function and the purpose of an explanation. In the Privy Council case of Krishna Ayyang......5 SC 582, it has been held as under:
“45. We have now to consider as to what is the impact of the Explanation on the proviso which deals with the question of wilful default. Before, however, we embark on an enquiry into this difficult and delicate question, we must appreciate the intent, purpose..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....agreement signed by him on taking the balance money and would also register the kabala. In this way, the plaintiff had been kept waiting. In the meantime, more than 80% of the work of the project was completed. At that stage of the work, when again the plaintiff put pressure upon defendant No.2 for ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the construction of a multi-storied building has already been completed by the developer company. Thereafter, the appellant as petitioner filed an application und......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... deed of agreement for sale. The relevant clauses of the Agreement for Sale of the Immovable property dated 20.12.1986 may be reproduced below: “1. The Vendor-First Party hereby agrees to complete the sale of schedule property by a duly executed and registered Deed of Sale within one yea......n default even up to the time of cancellation of the agreement. 13. Mr. Abdul Wadud Bhuiyan, the learned Counsel for the respondent submits that the suit for specific performance of contract was barred by limitation, since Article 113 of the Limitation Act provides that a suit for specific perf..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....as Second Class Gazetted Officers as per provision of the Recruitment Rules, 1979 under which they were appointed; we are not inclined to interfere with the impugned judgment and order in order to do complete justice to the writ-petitioners invoking our power under article 104 of the Constitution. W...... the immediate highest post to that of the Savings Officers) being Second Class, the post of Savings Officers, could not be Second Class Gazetted, is absolutely fallacious because there cannot be any bar in having two posts in the same class having two different ranks. For example, the Assistant Sec..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....le with the innocence of the accused and incapable of explanation on any reasonable hypothesis other than that of the accused's guilt. The chain of evidence furnished by those circumstances must be complete and leave no reasonable ground for a conclusion consistent with accused's innocence. 10.......ind. The High Court Division failed to consider that the taking of signatures of the accused persons in a compromise petition is one thing and threatening the witnesses while they were behind the bar is another thing. It is totally absurd to believe that the appellants would be able to put threa..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....& others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would ......hi Judicial Service Association Vs. State of Gujarat, (1991) 4 SCC 406. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ajmalul Hossain OC, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. Mahbubey Alain, Attorney General, instru..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence of a single witness if such evidence is full, complete, self contained and trustworthy. ............ .....(32) Cases Referred to- State ......ggestion that he murdered the deceased in front of their house. 9. P.W.2 Alamgir Hossain, the son of P.W.1 stated that the occurrence took place on 1-8-1993 at 6-30 AM when he was reading in the baranda of their house. He found a blood stained man with bleeding injury near their tube well. He b..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... In Lata Construction Vs. Dr. Rameshchandra Ramniklal Shah, AIR 2000 SC 380, it was observed "One of the essential requirements of 'novation'; as contemplated by section 62 is that there should be complete substitution of a new contract in place of the old. It is in that situation that the ori...... and therefore, the suit for specific performance for enforcement of the original contract said to have been executed in 1964 having not been filed within 3 years of refusal, the said contract was barred by operation of law. Mr. Mahmudul Islam contended that Hasan Ali Driver had constructive kno..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....and the same should be discharged. 8. In the result, the Rule is discharged. Accordingly, the order of stay granted earlier by this Court stands vacated. The concerned trial Court is directed to complete the trial of the case as expeditiously as possible as the case is a very old one. Let ......aid Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation proceeding does not invoke the bar under section 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ce of alternative remedy available under the Income Tax Act, a writ petition under Article 226 of Constitution is maintainable. It has been held by the Supreme Court, the Income Tax Act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in resp......harassment of innocent persons. The respondent appears in person and submits that the offences allegedly committed by the accused being distinct, and committed on different dates, there is no legal bar in filing different cases. She further submits that the writ petitions are not maintainable. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
..... In the case of Rahman Vs. State of UP AIR 1972 (SC) 11 held:— "The circumstances forming evidence must be conclusively established and even when so established they must form such a complete chain that is not only consistent with the guilt but is inconsistent with any-reasonable hy......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... to their father by the sale deed dated 06.06.1996 at a price of taka 15,000.00. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having been recorded in book No.1, v......g who died leaving wife, a son and two daughters. On the death of Abdul Malek Mollah's wife, her interest devolved upon her son and daughters. The pre-emptee’s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent N..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....bearer cheque or crossed cheque “account payee”, for any reason whatsoever including the dissimilarity of the signature of the drawer on the cheque, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before th......distinction between crossed cheque “account payee” or cheque of other kind such as ‘bearer cheque’ as we ordinarily mean. Section 123A of the Act, 1881, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881. There is no nexus of section 123A ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as such, conviction can be based on the evidence of a solitary witness, if his evidence is full, complete and self contained............(18) If the accused being enlarged on bail remains absco......llip;………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ial particulars of the FIR they are liable to be disbelieved. When the prosecution has a direct or positive case, it must prove the whole of it. Partial affects the credibility of the witness while a complete departure from the FIR case robs of their credibility. 45. I have gone through the exami......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... a contract has been concluded with the Contractor and the Procuring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....heet as to how, when, from whom, in connection with what deal or deals the petitioner had dishonestly earned the aforesaid amount of money, although a charge sheet has been filed after holding a complete investigation into the case narrated in the FIR. As such ingredients of section 5(2) of the......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
....n enshrined in the Constitution. Freedom of expression is subject to some responsibilities which include not to infringe he right of another individual. There cannot be any freedom of expression with complete absence of restraint.
249. All the learned Senior Advocates of the appellants, the Ola......where standi was allowed to the appellant although in a particular constitutional context but in the process obliquely opened a new vista. But after such an initial glimpse, lost its way and remained barren for the next 23 years. The principle was again reincarnated in Dr. Mohiuddin Farooque Vs. Ban..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....an in Republic of Korea. 4. The plaintiff also supplied necessaries items to the defendant No.1 vessel on 14-10-2008 and also on other dates at the owners/master disbursement. The plaintiff also completed electrical works to the defendant No.1 vessel through POS electric engineering company and......of the parties this Court framed the issue to be adjudicated as follows: Is the suit is maintainable under the Admiralty jurisdiction in its present form and manner? Is the suit is barred by the principals of limitation, estoppel, waiver and acquiescence? Is there in ship ma..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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