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Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......oever commits any of the following offences namely: ………………………. (f) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15........shall be punished with imprisonment for life or rigo..Category: Criminal Law | Date: | Hits: 36
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......t the suit land where, a cattle market sits once in a week is not a hat within the meaning under section 2 of the East Bengal State Acquisition and Tenancy Act and as such is not acquirable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll h..Category: Property Law | Date: | Hits: 19
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....wherein the provisions of withdrawal of cases has been enacted is not applicable for the Court of Settlement. It further appears from Sub Section 5 of Section 10 of the said Ordinance, which has made mandatory upon the Court of Settlement to make decision as it deems fit and as such it is clear that......al of a case. 22. Section 10 runs thus:- "Power and procedure of Court of Settlement. 10. Power and procedure of Court of Settlement.- (1) Except as otherwise provided in this Ordinance, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall not apply to a Court of Settl..Category: Procedural Law | Date: | Hits: 24
.... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......significantly contributed to promoting environmental justice though serious and persistent and well-designed activities.
21. The object of public interest litigation is to ensure observance of the provisions of the Constitution or law. Such object can be achieved to advance the cause of community..
Category: Environmental Law | Date: | Hits: 362
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......bmits that the inherent jurisdiction under section 561A of the Code should not be invoked when some other remedy is available under the Code of Criminal Procedure. He then submits that in view of the provisions of section 265C of the Code which entitles the accused petitioners to seek appropriate re..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. .......2 to rescind the arbitration award given by the sole arbitrator-respondent No.4 since the company is aware about the arbitration award, the proper course of action open to them was to proceed as per provisions of the Arbitration Act 1940 and not by sending letter to the Chairman, Mongla Port Author..Category: Alternative Dispute Resolution | Date: | Hits: 96
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (1) to (3A) shall, as far as may be, apply in relation to such report o..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ...... 11 escorted it to the morgue. The doctor who held autopsy upon the dead body was not examined. The post mortem report also was not admitted into evidence and marked as exhibit in accordance with the provisions of section 509A of the Code of Criminal Procedure. It appears from the Post Mortem report..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....aper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Procedure have not been complied with in...... and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Procedure have not been complied with in accordanc..Category: Criminal Law | Date: | Hits: 134
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......adesh under President’s Order No.29 of 1972 as amended by President's Order No.134 of 1972 and under Act XLV of 1974. 10. In order to appreciate the point it is necessary to examine the relevant provisions of the law governing enemy properties in their true context. On the outbreak of war betwe..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....erein the provisions of withdrawal of cases has been enacted is not applicable for the Court of Settlement. It further appears from sub section 5 of section 10 of the said Ordinance, which has made mandatory upon the Court of Settlement to make decision as it deems fit and, as such, it is clear th...... case. 22. Section 10 runs thus:- “Power and procedure of Court of Settlement- 10. Power and procedure of Court of Settlement: (1) Except as otherwise provided in this Ordinance, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall not apply to a Court of Settl..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......m and Articles of Association of the company have been registered. The memorandum and articles when registered bind the company and the members thereof and the members are required to observe all the provisions of the memorandum and articles subject, of course, to the provisions of the Companies Act..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....on of section 12(2) of the Act and hence, the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitioner did not borrow any money from the bank and as per mandatory provisions of section 9(1)(jha) of the Bankruptcy Act no notice/summon was served upon the......ion 12(2) of the Act and hence, the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitioner did not borrow any money from the bank and as per mandatory provisions of section 9(1)(jha) of the Bankruptcy Act no notice/summon was served upon the petitio..Category: Procedural Law | Date: | Hits: 114
.... law and facts most illegally rejected the highest bidder's application (appellant) for one month time to deposit 25% of the bid money. He next submits that the executing Court without exhausting the mandatory provisions of section 33 of the Artha Rin Adalat Ain, 2003 and section 82-86 of the Code o......acts most illegally rejected the highest bidder's application (appellant) for one month time to deposit 25% of the bid money. He next submits that the executing Court without exhausting the mandatory provisions of section 33 of the Artha Rin Adalat Ain, 2003 and section 82-86 of the Code of Civil Pr..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......ew of the expiry of stipulated period for conclusion of the trial and failure on the part of the Special Tribunal to record the reasons for rejecting the bail application. 9.We have considered the provisions of 339C(4) of the Code of Criminal Procedure wherein it was incumbent upon the Special Tr..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......of the present petitioners and since the present petitioner's were not given the similar and equal right, there is total discrimination in the instant cases and, as such, the respondents violated the provisions of Articles 27, 3tand 40 of the Constitution. Article 27 speaks that all citizens are equ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......gaged property in auction twice, but it could not be sold. Hence, the decree-holder Bank filed an application under section 33 (5) of Artha Rin Adalat Ain, 2003 for issuance of a certificate as per provisions of section 33(5) of the said Ain, The executing Court accordingly issued a certificate ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....rest as 150 days expired. It has already been settled by this Division in a good number of cases that the provision of section 37 of the Ain for disposal of the execution case within 150 days is "not mandatory" but "directory". Therefore, the learned Judge of the Adalat is to proceed with the execut......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....r. ARM Shahidul Islam, the learned Advocate appearing for the petitioner, seeks to impeach the impugned order on the two-fold arguments. Firstly, the learned Judge of the Adalat without complying the mandatory provisions of law prescribed in section 12(6) of the Ain 2003 decreed the suit ex parte wi......the bank by filing an affidavit-in-opposition contending, inter alia, that the learned Judge of the Adalat rightly conferred title of the petitioner's mortgaged property upon the bank, in view of the provisions laid down in section 33(7) of the Ain, 2003. 7. Mr. ARM Shahidul Islam, the learned Ad..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......mmitted any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order dated 17-04-2006. 11. At the outset it will be profitable to extract the provisions of Order XVIII Rule 17 C.P.C. which reads as hereunder: "17. The Court may at any stag..Category: Property Law | Date: | Hits: 58
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