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Displaying 101-120 of 305 results.
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....on 1965 and thereafter the rules were not specifically repealed. One of the purposes for which the Repealing and Amending Ordinance, 966 was enacted was to repeal certain provisions which became unnecessary. This is what is evident from the repeal of section 44 of the Labour Deputes Act, 1965 o...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....in-charge), Gazipur in Miscellaneous Case No.6 of 2004 disallowing the Misc. Case under Order 41 Rule 19 of the Code of Civil Procedure. It also appears that the impugned judgment has dealt with some unnecessary facts in deciding an application under Order 41 Rule 19 of the Code of Civil Procedure f......28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscellaneous Case No.6 of 2004 rejecting the Misc. Case under Order 41, Rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filling of the above appea..Category: Civil Law, Procedural Law | Date: | Hits: 2
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....il custody virtually seeks to effectuate what may be called a double detention and such double detention is not intended either by section 3(1)(a) or by Rule 30(1)(b), because it is plainly unnecessary and outside the purview of both the provisions. The extreme argument that was made by th...... allowed and the Rule was made absolute, the respondents served another order of detention as he was coming out of the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable ..Category: Criminal Law | Date: | Hits: 1
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....he accused petitioners. 9. Be that as it may, on the basis of such type of omnibus and malicious allegation if the accused petitioners are forced to face a baseless criminal proceeding, it will be unnecessary harassment to the innocent petitioners as well as an abuse of the process of the Court a......The State................................................................Opposite party Judgment February 6, 2007. Result: The Rule is made absolute. Lawyers Involved: Nasima Khatun for A. M. Mahbub Uddin, Advocate - For the petitioners. Md. Anisur Rahman, Assistant Attorney Ge..Category: Criminal Law | Date: | Hits: 114
....njunction without discussing and considering any evidence of the witnesses to prove the factum of possession, and further observed that the Courts below had judged the case from a wrong angle placing unnecessary importance on the question of title.
The said case was between two individuals and at......Judge), Jessore in Title Appeal No. 257 of 1989 dismissing the appeal and affirming those dated 28.6.1989 passed by the Assistant Judge, Jessore Sadar in Title Suit No.738 of 1976 dismissing the suit for perpetual injunction.
2. The predecessors-in-interest to petitioner Nos.1(a)-(b), 6(a)-(b) an..
Category: Property Law | Date: | Hits: 57
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....orted in 28 DLR (AD) 28. He has categorically stated that this case as stands in absolutely lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnecessary harassÂment of the petitioner in the name of fair trial. In fact, there is no prima fac......urt of Senior Special Judge, Chittagong shall not be quashed and/or such other or further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of Distric..Category: Procedural Law | Date: | Hits: 59
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
.... said without hesitation that the legislation wanted that any person accused of an offence for contravention of the provision of the Foreign Exchange Regulation Act, etcetera should not be subject to unnecessary harassment by the police and accordingly safeguard are provided in the Act, but in the i......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o..Category: Criminal Law | Date: | Hits: 109
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....djudication, formed part of that 58.58 acres, acquired from the people in the vicinity. There is no duality on this fact. It is also beyond altercation that part of the acquired land turned out to be unnecessary for the purpose for which the same were acquired. 82. Documents and averments further......Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additiona..Category: Constitutional Law | Date: | Hits: 642
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the intention of the Legislature and recourse to any other principle of interpretation is unnecessary…………….(20) The literal construction of the preamble and the provisions of s......scribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detainÂing an accused in poli..Category: Criminal Law | Date: | Hits: 81
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....nue the execution case years together holding the provision of section 37(1) of the Ain, 2003 is directory, the whole purpose of the Ain, 2003 will be frustrated as well as the borrower/s will suffer unnecessary harassment for years together and therefore the Bank or financial institution at any rat...... i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(..Category: Civil Law | Date: | Hits: 136
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....ged renewal clause is not enforceable without prior consent of the AdminisÂtrator of Wakf. The plaintiffs and their predecessors were habitual defaults. They put the defendant and his predecessor to unnecessary litigation and denied the title of the defendant as such they are not entitled to enquir......agong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez an..Category: Administrative Law | Date: | Hits: 175
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....te and there is presumption that a person is that legitimate issue of a particular person, unless a foundation for it is laid under section 112. But once the validity of the marriage is proved, it is unnecessary to establish affirmatively that the child is illegitimate. If, therefore, it is not prov...... by, the husband is proved, no evidence can be allowed to show that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, nam..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....tionship between the Government as the payer and the public servant as the payee, no part of the section is rendered superfluous. Each part will receive its own construction. We therefore consider it unnecessary to refer to those decisions, which were cited on behalf of the respondent that the corre......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20..Category: Fiscal/Taxation Law | Date: | Hits: 246
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....thout independent corroboration, then the Judge should give some indication in his Judgment that he has/had this rule of caution in his mind and then should proceed to give reasons for considering it unnecessary to require corroboration and for considering that it was safe to convict the accused in ...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha..Category: Employment/Service Law | Date: | Hits: 169
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....s dismissed for default. Learned District Judge, Feni is further directed that he shall dispose of Family Appeal No.10 of 2008 within 60 days from the date of receipt of this order without giving any unnecessary adjournment to any of the parities. But before parting of the decision we are directing ...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant fi..Category: Procedural Law | Date: | Hits: 154
....duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full‑dressed protracted trial involving wastage of Court's time and unnecessary expenditure for the litigants.
7. Since law imposes a duty upon the Court under Order......€‘1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite par..
Category: Procedural Law | Date: | Hits: 152
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....e duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full-dressed protracted trial involving wastage of court's time and unnecessary expenditure for the litigants. 50. In the case of Jahura Bibi and others Vs. Mvi. Hab......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond..Category: Civil Law | Date: | Hits: 200
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....is therefore dismissed without any order as to costs. We, of course, direct the Court below to hear and disposed of the suit within a month from the date of receipt of this order without granting any unnecessary adjournment and if the suit cannot be finally disposed of within the above period for an......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f..Category: Civil Law | Date: | Hits: 130
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....e stand released. All orders of transfer were harassing; the executive committee of the Karmachari Union of the Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and harassment of the staffs and employees of the Corporation. As elected presi...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t..Category: Employment/Service Law | Date: | Hits: 156
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....pply, so far as the proÂvisions are not inconsistent with the provisions of this Act. Here it may be mentioned that section 173 of the Code speaks that every investigation shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the Police Station will......the PetiÂtioners. Criminal Revision No.143 of 1989. Judgment Latifur Rahman J.- In this application under section 561A of the Code of Criminal Procedure, the accused petitioners have prayed for quashing of the proceedings of Special Tribunal Case No.89 of 1989 under section 19A of the Arms..Category: Criminal Law | Date: | Hits: 84
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