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Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....apacity was dependent upon article 13, clause (3) of Bangladesh Scheduled Offences (ST) Order P.O. 50 of 1972- Mr. Wahab, the learned Deputy Advocate General has however, failed to point out any such provision in the Martial Law Regulations of 1975. The said clause 3 of Article 13 of President's......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
.... no notice having been served upon the petitioners treating the property as an abandoned property, inclusion of their house in question in the 'kha' list of the abandoned buildings is contrary to the provision of section 5 of the Abandoned Building (Supplementary Provision) Ordinance, 1985 (Ordinanc......ing House No.7, Gulshan Avenue at serial No.42 in the 'Kha' list of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
.... 1989 arose, appears to have been filed on 16‑11‑89. It also appears from the record that defendant opposite party No.2 did not file any application for condonation of delay under the appropriate provision of law at the time of filing the case under Order 9, rule 13 CPC and the learned Court has......appears to have been filed on 16‑11‑89. It also appears from the record that defendant opposite party No.2 did not file any application for condonation of delay under the appropriate provision of law at the time of filing the case under Order 9, rule 13 CPC and the learned Court has not also for..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466....... the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was framed against the accused appellants to which they pleaded not guilty and claimed to be tried and they were defended by their engaged lawyer. 4. The defence plea, as it appears from the trend of cross-examination of the prosecution..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... As the decision not to take cognizance was taken on consideration of the materials on record there was no illegality in the impugned judgment of the said Adalat and the High Court Division erred in law in interfering with the said judgment. 6. On perusal of the impugned judgment of the said A..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....fore disposal of the afore-mentioned petition of the Assistant Superintendent of CID called for the opinion of the Public Prosecutor and Public Prosecutor gave his opinion to the effect that there is provision for further investigation under section 5(6) of the Criminal Law Amendment Act, 1958, that......l Law Amendment Act, it is only the Special Judge who may, if deems fit, pass necessary order for further investigation. 9. Mr. Khan’s contention is that in view of this provision of the special law i.e. Criminal Law Amendment Act, 1958 neither the Chief Metropolitan Magistrate nor any other Co..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......in question are required for the construction of the residence of judicial officers of the District of Chittagong and the same is required for a public purpose. According to the learned Advocate, the law permits acquisition of land in two situations-when such land is needed presently or would be req..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ng the scope, meaning, construction or effect of this Agreement, or any matter or thing contained therein or related hereto, shall he referred to Arbitration in accordance with, and subject to, the provisions of the Arbitration Act, 1950. The arbitral award shall be final and conclusively bindin...... (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgment Mustafa Kamal J.- What started as a limited question of law in this appeal by leave by the opposite party-appellant from the judgment and order dated 8-2-9..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....of the police and the naraji petition by the Nari-O-Shishu Nirjatan Adalat is an abuse of process of the Court inasmuch as the learned Court took cognizance of the offence alleged in violation of the provision of section 17(1) of the Nari-o-Shishu Nirjatan Ain, 1995. He refers to us section 17(1) of......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......is not an abandoned property and that having clear direction by the Court of Settlement for restoring possession of the property to the petitioner upon evicting the occupant thereof the Government in law is required to restore possession of the property to the petitioner. But in clear violation of t..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ...... drawing up a contempt of court proceeding. He has given a lengthy explanation which is very much unfortunate and applicable. The explanation is this that, when the contemner appeared before him, his lawyer Mr. Abdul Majid Munshi, Advocate, submitted that the Special Tribunal can dispose of the matt..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....s master (ii) He agrees, expressly or impliedly, that in the performance of that service he will be subject to the other's control in a sufficient degree to make that other master.(iii) The other provisions of the contract are consistent with its being a contract of service."
8. In the......by the respondent No.2, Copyright Board (Annexure‑B) rejecting the appeal filed by the petitioner under section 76 of the Copyright Ordinance, 1962 shall not be declared to have been passed without lawful authority and of no legal effect.
2. Respondent No.1, Skill Development for Underprivile..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......o examine whether the impugned order refusing to review the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidence necessary f..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....………..................Respondents Judgment August 14, 1996. Result: The appeal is dismissed. The Nari-O-Shishu Nirjatan Daman Ain, 1995, is a selfcontained law and the provision of the Code of Criminal Procedure may be taken in the aid of but not derogatory to this Ai......…………………..................Respondents Judgment August 14, 1996. Result: The appeal is dismissed. The Nari-O-Shishu Nirjatan Daman Ain, 1995, is a selfcontained law and the provision of the Code of Criminal Procedure may be taken in the aid of but not derogator..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
....pondent No.2 further found that the fishery in question was not excavated by the petitioner but it is a natural fishery. So he held that the petitioner has no right to hold the said fishery under the provisions of section 20 of the State Acquisition and Tenancy Act. He further found that Ordinance N......ance of the petitioner Md. Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without lawful authority and of no legal effect.
2. Petitioner’s father and 13 others took Pattan of 14..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
..... Martial Law Order 9 is regarding the person removed from service by the Chief Martial Law Administrator. In the instant case the petitioner was dismissed not under Martial Law Order 9 but under the provisions of Martial Law Regulation No.1 of 1982. 13. Regulation 2 of Martial Law Regulation N...... No.1 of 1982. 13. Regulation 2 of Martial Law Regulation No.1 of 1982 lays down the procedure to take cognisance of any offence punishable under any Martial Law Regulation or Order or any other law on a report in writing made by a police officer not below the rank of Sub‑inspector or an Offi..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence dated 8th August, 1972 granted by the Dhaka Cantonment Board as per provisions of section 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961). ......his Rule was issued calling upon the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....t; Fourteenth Amendment also imposes similar limitation on the state. In the case of Munn Vs. Illinois, (1877) 94 US 113 in his dissenting Judgment Field J: interpreted “life” under the aforesaid provisions of the US Constitution as follows: "Something more than mere animal existence. The i......eatened as alleged by him and whether he is entitled to the relief sought for or to any other relief. Articles 31 and 32 of the Constitution are as follows: "31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable r..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....he Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain person......f the respondents' intention to serve a proper and effective notice to surrender the possession of the property included in the 'Kha’ list. Such a notice cannot be considered a notice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building pu..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....cy to commit the offence. It is not necessary for the offence of abetment that the act abetted must be committed." 18. But this decision of the Supreme Court of India is in the line of the penal provision of the Penal Code where sections 107 to 109 explained whether the acts abetted need be com......rected Enayet to call for a rickshaw and on the aid and collaboration of other accused she was taken in a rickshaw and went along with accused Shaheen. She was taken to the house of the father‑in‑law of accused Enayet in the village Joysree. Thereafter she was taken to Kashipur Bagia village and..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
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