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Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....sh and there having been no verified pleading to the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitioners are Bangl......at the writ‑petitioners Ârespondents holding Pakistani passport staying in Karachi in 1971 and there being no material to show that they were stranded in Pakistan, the High Court Division erred in law on wrong assumption of the provision of President's Order No. 149 of 1972 that the respondents a..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ame was pending when Ordinance No.XLVIII of 1983 came in to force and by section 47, CPC was deleted/omitted. But since the application under section 47, CPC was pending the same will be saved by the provision of section 6 of the General Clause Act as pending proceeding. He further submits that notw......fect whether one of the decree holders Abdul Aziz was an Indian National or not. In continuation of the said order the Subordinate Judge disposed of the matter and the learned District Judge erred in law in not admitting the Miscellaneous Appeal No.8 of 1992. 4. Being aggrieved, the petitioners..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... have been given compensation for their structures on 26.10.96 in the said L.A. Case. It is further asserted that on acquisition of the land of those plots the Deputy Commissioner, Dhaka, made a provisional compensation for the value of the land and the aforesaid owners had withdrawn Tk. 9......etitioner in this case that the aforesaid order dated 14.8.2001 was duly communicated to the present respondent No.1, that is, contemner No.1 who was the then Chairman of RAJUK through certificate of lawyers dated 23.8.2001 which was received by the office of the contemner No.1 on 26.8.2001 and the ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......lar material witness was withheld by the prosecution to their prejudice. The learned Counsel also submits that the witnesses examined in the case are related to each other and also to the victim. The law is now settled that mere relationship of the witnesses inter se or relationship with the victim ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on r..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....the original petitioners who are none else than the plainÂtiffs and as such the impugned order is not sustainable in law. It is also submitted that the High Court Division totally misconÂceived the provision of law as regards transÂposition of the parties and in the facts and circumstances of the...... into an error in transposing them as the petitionÂers striking out the names of the original petitioners who are none else than the plainÂtiffs and as such the impugned order is not sustainable in law. It is also submitted that the High Court Division totally misconÂceived the provision of law a..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......r. Jalmahal Alam. On the other hand, due to detachment of the sons of 1st wife of the deceased Mr. Alam, Md Motiur Rahman alias Matin and Md Ali Babul alias Babu Jamai, the 2(two) sons‑in‑law of the deceased Alam were engaged themselves with the business of deceased Mr. Alam and they wer..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....e State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Sections 96(4) & 6(b) A co-applicant, if a co-sharer by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon h...... order the petitioner unsuccessfully moved the High Court Division. 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....nd the new contract between the Corporation and the writ petitioners cannot be considered to be a renewal of the original contract on the terms and conditions as in the original contract there was no provision for reappointment, the provision was for renewal of the contract and that in the contract ...... affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......appears from the record that none has filed any petition for prosecution of the informant for making a false complaint or filing a false case and, as such, the Tribunal did not act in accordance with law in directing the Magistrate to file a case under section 17(1) of the aforesaid Ain. 9. The..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case…&......ring for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank, which is illegal and untenable in law under the present circumstances of the case but also amounts to contumacious disregard of the ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....fifteen days. Therefore, since no criminal action on the part of the convict respondents was established conciseness ought not to have been taken by the court. 11. He also submits that the provision of the Code of Criminal Procedure is not followed as no cross‑examination of the witness....... Respondents Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
.... the juvenile Courts and the concerned law enforcing agencies, Prosecuting agencies and legal Aid committees be directed to take immediate steps in the mater. 2) Taking into consideration of the provisions of Section 82 and 83 of the Penal Code, it is directed that the Government do consider ma......he information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them mentioning the specific sections of the law. Pursuant to our order the Inspector General of Prisons sent report under Memo No. PD/Pori-25/20..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....bjection was filed by defendant Nos.1, 2, 8 and 9 opposing the prayer for temporary injunction stating, inter alia, that the suit itself is not maintainable in its present form being barred under the provisions of section 42 of the Specific Relief Act. Defendant No.8 selected polling stations withou...... stations were submitted with the opinion of the local people, the contesting candidates and considering the convenience and inconvenience of the voters to cast their votes and the maintenance of the law and order situation. Debipur Primary School is a kancha house and there is no pucca structure. O..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
.... Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of the equality clause of the Cons......itution of Bangladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose b..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....on of transfer of shares because of sections 21 and 34(7) of the Companies Act. 26. We have considered the submissions of the learned Counsels of both sides and considered the relevant provisions of the Companies Act of 1913 and 1994 and find that they make a distinction between a p......ownership of the shares. 18. Dr M Zahir and Mr. Ajmalul Hossain, the learned Counsels, appearing for the respondents, have argued that the court has to see whether as a matter of law there was any restriction in refusing to transfer shares. If there was a restriction, whether t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
.... had raised alarm neighbours came and she narrated the incident to them. On the basis of the information lodged on February 26, 1997 by PW 1, Baghmara PS Case No. 10 dated February 26, 1997 under the provisions of Nari‑o‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (the Ain) was started. ......ever on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....paying ground rent and other taxes to the Government. Respondent's father died in the year 1985 leaving him as the sole heir. The property having been listed as abandoned property in the light of the provision of Ordinance 54 of 1985 respondent filed case before the Court of Settlement and the same ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....espondent claims to be a post of higher responsibility), in law and equity the petitioner is entitled to the pay of the post or additional compensation for performing higher responsibility as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑...... observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16) Cases Referred to- ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....6. It has lastly, been argued that there is no ingredient of section 6(4) of the Act and, as such, the High Court Division committed error in convicting the condemned prisoners under the aforesaid provision of law. It appears that the High Court Division quoting the aforesaid provision of law ob......tly, been argued that there is no ingredient of section 6(4) of the Act and, as such, the High Court Division committed error in convicting the condemned prisoners under the aforesaid provision of law. It appears that the High Court Division quoting the aforesaid provision of law observed: ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
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