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Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......urrently is maintained. 21. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be deducted from the period of his sentence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. ..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......the instant application and leave was granted for aforesaid consideration. 6. The learned Advocate appearing for petitioner submits that the execution case is barred by limitation in view of the provisions laid down in section 16(3) of the Family Court Ordinance 1985 (briefly as ordinance) and ..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....rticle 299 (1) of the Indian Constitution has been incorporated on the ground of public policy to protect the state from the liability of unauthorized contracts and, therefore, its provisions are mandatory and non-compliance with its requirements renders a contract invalid and unenforceable. Eve......he Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void and or pass such other or further order or order..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......of 11 charge sheeted witnesses, only 8 witnesses have been examined and the others are police personnel; that there is no independent witness in this case; that the trial Court did not follow the provisions of sections 367 and 342 of the Code of Criminal Procedure, that the prosecution has hope..Category: Criminal Law | Date: | Hits: 99
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......t the case was not filed within the statutory period of limitation as provided in section 141 (b) of the Negotiable Instruments Act. He next submits that the alleged cheques are not negotiable as per provisions of section 1A and 123 of the Act inasmuch as only negotiable instruments are governed b..Category: Criminal Law | Date: | Hits: 138
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
...... and has not completed the period of his probation."
11. Mr. Md. Hannan, the learned Advocate appearing on behalf of the petitioner, has mainly argued that the learned Labour Court in applying the provisions under sections 3 and 4 (2) of the Standing Orders Act erred in lawamounting to exercise o..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......int raised here is related to a fact. The decision on this law point is required only when it is proved that there was no Union Parishad and there was none to constitute Arbitration Council under the provisions of Muslim Family Laws Ordinance, 1961 on 20-4‑1988. As there is no evidence on this/poi..Category: Procedural Law | Date: | Hits: 105
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......o.2 was not paid his gratuity, leave salary, unpaid pay and arrears amounting to Taka 2,94,480,00 in total in spite of his written request/demand dated 2‑12‑9 1, hence he filed the case under the provisions of the said Act IV of 1936, as modified, before the Third Labour Court, Dhaka who allowed..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ...... অতিরিক্ত দায়িত্ব প্রদান করা যাইবে না।” 17. This guidelines as contained in the aforementioned memorandum was not issued under any provisions of law. A circular or memorandum issued without any backing of law have no statutory forc..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......mplainant-opposite-party No.2 and the witnesses, have benefited severally and have breached the trust of the complainant-opposite-party No.2 and the witnesses and thereby caused offence under the provisions of sections 406 and 420 of the Penal Code, 1860. 7. The accused-petitioner in his pe..Category: Criminal Law | Date: | Hits: 100
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....than three members. In the case of GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166 it has been held as under: "Question is whether the provision of sub-section (7) of Section 35 are mandatory, or merely directly. From the provisions of this section it would appear that it after t......Being aggrieved by the illegal issuance of notification of award in favour of M/s Nautel Ltd. the petitioner lodged a complaint to the CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requisite fee amounting to ..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....……………………………………………………….” It is not merely an irregularity or minor omission, as submitted by the learned Advocate for the state, but clear violation of mandatory provision of law and not curable under section 533 Cr.P.C. The allegation against the accu......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......he occurrence of 15‑8‑75 and declared that she was proud of her husband which signified her involvement in the commission of the crime. On law point the learned Attorney‑General referred to the provisions of sections 225 and 227 of the Cr.P.C. as well as sections 8, 9 and 30 of the Evidence Ac..Category: Criminal Law | Date: | Hits: 107
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ...... by Article 38 of the Company's Articles of Association as allows for disputes of the nature as have arisen in these facts and circumstances to be resolved by arbitration in keeping with the relevant provisions of the prevalent law and that process ought to have been exhausted by the Petitioners. ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
...., Md. Rafiqul Alam, PSO and Md. Monirul Islam, SSO but both Md. Rafiqul Alam and Md. Monirul Islam were junior to the petitioner and their inclusion in the inquiry team was a clear violation of the mandatory provision of Regulation No.41(2) of the River Research Institute Service Regulations, 1998...... in law. 5. Mr. Chowdhury Sanwar Ali, the learned Advocate appearing for the respondent No.1 submits that the service of the Employees of the River Research Institute, Faridpur are governed by the provisions of the Act No.53 of 1990 and the River Research Institute Officers and Employees Services..Category: Employment/Service Law | Date: | Hits: 166
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......adh Oman Ain, 2002 and while the same was read over to them they all pleaded not guilty and claimed to be tried. The accused Ibrahim remained absconding and his trial proceeded in accordance with the provisions of Section 339B (1) Cr.P.C. During the trial of the Case, the prosecution produced as man..Category: Criminal Law | Date: | Hits: 103
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......parties and user of the property. 6. The learned Subordinate Judge further observed in his Judgment as follows: "No doubt, the plaintiff could seek setting aside of the sale under the aforesaid provisions of the PDR Act. But apart from the remedy available under the PDR Act for setting aside o..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......he Governments of Bangladesh and Saudi Arabia for the purpose of making investments etc. and so the plaintiff filed an application on 11‑11‑93 to the Bangladesh Bank for issuing licence under the provisions of section 4 of Arthik Protishthan Ain 1993, at the time of filing the suit on 2‑7‑94..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......se will be served if minimum punishment as provided under that sub‑section is imposed against him. It is true that no charge was framed against Shamsul Haque under section 25B(2) but in view of the provisions of section 29 of the Special Powers Act and sub‑section (2) of section 238 of the Code ..Category: Criminal Law | Date: | Hits: 79
.... the learned Advocate submits with force that section 34 of the Ain, 2003 empowers the Adalat to pass an order of warrant of arrest/civil imprisonment against the judgment debtor in complying the mandatory provision of section 34(9) of the Ain, 2003 and in this case the decree-holder-Bank could ......d 8) Samata Leather but the Bank without taking any steps to sell those shares filed an application under section 34 of the Ain, 2003 praying for issuance of warrant of arrest.
6. Referring to the provisions of section 34 of the Ain, 2003 the learned Advocate submits with force that section 34 ..
Category: Civil Law | Date: | Hits: 127
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