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Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......ndent Nos.2‑4. Writ Petition Nos. 5250 to 5267, 5272 to 5277 and 5425 of 2000. Judgment Kazi AT Manowaruddin J.- All these 25 Writ Petitions have been heard together as the points of law involved are exactly the same and the facts are also identical and these shall be disposed of by..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......p; Md. Fazlul Karim J.- This appeal by leave granted on 9‑3‑2000 is for consideration as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled t..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....been covered under section 25(l) of the Employment of Labour (Standing Order) Act and, as such, the predecessor in interest of the respondent Nos. 2(a) to 2(e) could not get benefit under the said provision inasmuch as the respondent No. 2 (since deceased) having served the grievance petition on......No. 5537 of 2000 which was summarily rejected by the impugned judgment. 3. Mr. Hefzul Bari, learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not holding that the retirement has not been covered under section 25(l) of the Employment ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......cused‑petitioner which was granted by him by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....May 29, 2001. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102 There is special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no applicatio......ision, after having vacated an earlier order rejecting the application as not being pressed, heard the application on merit. The High Court Division held that since Artha Rin Adalat Act was a special law and special provision having been provided in the Act, question of entertaining an application u..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....e is nothing on record to show that the plaintiffs filed the suit in representative capacity on fulfilment of conditions laid down for such a suit. To bring a suit in the representative capacity, the provisions of Rule 8 of Order 1 of the Code of Civil Procedure have to be complied with. The rule pr......the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessar..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....granted in the following terms: “It is argued on, behalf of the petitioners that there can be no question of abatement but for the combined application of the provision of Order XXII, rules 3 and 4 of the Code of Civil Procedure and the material articles of s......aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......sion Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether th..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....ction is contemplated only in cases where the suit property is in extreme danger of being wasted or damaged and so the impugned order of local inspection has been passed in utter misconception of the provision of Order 26 rule 9 and Order 39 rule 7 CPC occasioning failure of justice and the learned ......e learned Advocate for the petitioner failed to appear when this matter was taken up for hearing after recess. On perusal of the records this Court found that this Rule can be disposed of on point of law only. Accordingly, in consideration of the fact that this Court while issuing the Rule stayed al..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Act) under section 374 of the Code of Criminal Procedure for the conf......s sister cried out on seeing he informant and that narrated the incident of beating, that on one occasion the informant noticed sign of beating on the neck of his sister, that Taslima’s mother-in-law on an occasion pressed the neck of Taslima; that the informant took his sister Taslima to his ho..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.
......বিপনন নিয়ন্ত্রনের জন্য প্রনীত আইন, ১৯৮৮) should not be enforced properly and as to why the respondents would not be directed to enact law in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertis..
Category: Health Law | Date: 7 Feb, 2000 | Hits: 500
....slim marriage at the instance of the husband and the remarriage after the dissolution becomes effective are codified in section 7 of the Muslim Family Laws Ordinance and its section 3 states that the provisions of this Ordinance shall have effect notwithstanding any law, custom and usage. Now we quo......arriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life.
2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and the remarri..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
.... such the applications were heard together and are being disposed of by this judgment. 2. The applicant Mills although not incorporated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Inc...... Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these references and as such the applications were heard together a..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....nt by a complainant before the learned Magistrate but without a police report in writing as envisaged under sub-section (1) of section 27 of the Special Powers Act and, as such, violative of the said provision and without jurisdiction. On a plain reading of sub-section (1) of section 27 of the Speci......is fallacious. When a petition of complaint is filed before a Magistrate, it cannot be said at that stage as to whether cognizance of the offence can at all be taken and if so under what provision of law. Under such circumstances, the Magistrate is required to follow the procedure laid down in Chapt..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....d the matters related there to persons engaged by the Association for the purpose of implementation of its primary objects upon forming Association, applied to the Registrar of Trade Unions under the provision of Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969), hereinafter in shor......respondent No.2, Registrar of Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....hat sub-section (1) of section 6 of the Criminal Law Amendment Act shows that Chapter XXXVIII of the Code of Criminal Procedure has no manner of application to a proceeding under the Special Act. The provisions of Chapter XXXVIII are not available to a case triable by the Special Judge under the spe......dmitted in the hospital on 27-10-1992. It is their case that in collusion with respondent No.1 father of Luna Prava Dey on the basis of that false medical certificate filed case against the father-in-law of Luna Prava Dey and some others. On receipt of the First Information Report Bureau of Anti Cor..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....sult: The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in......terfere with the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerne..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....strate of the First Class acquits a person of the offence of theft under section 379. He cannot be tried again for dacoity on the same facts without setting aside the acquittal in accordance with the provisions appropriate to the purpose. The Rule was made absolute and the conviction and sentence we......nst the remaining accused persons in the aforesaid case. These two appeals are taken up together for the sake of convenience and brevity as they arise out of the same case and commonness of facts and law being involved. 2. The case arises out of an occurrence that took place on the night follow..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......f safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is n..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....th the political victims against whom proceedings are taken malafide and not mechanically follow the law merely because an allegation of cognizable offence has been falsely made. 14. The provision for bail in a criminal case beginning from the initiation of a proceeding upto the conclu......nal Procedure which has become necessary, it is alleged, because of indiscriminate granting of such bail by the High Court Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Be..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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