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Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....he Guardians and Words Act--While dealing with matters referable to the custody of a child, whether the established legal position is that the welfare of the child is of prime Consideration. The provisions of Article 102(2) (b) of the Constitution is very wide in nature as it provided that any ......s or certiorari or quo warranto, can take to the notice of the Court that some body is illegally detained by any person and pray for a declaration that the person is so detained illegally and without lawful authority and the Court shall; after being so satisfied, direct the person to be set at liber..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....al or otherwise, he is entitled to receive wages at such higher rate, or to continue to enjoy such amenities and other advantages as are customary for such worker to enjoy, and (c) to affect the provisions of the Payment of Wages Act, 1936 (IV of 1936). (3) Any employer who contravenes the......ch runs as follows: "Prohibition to pay wages at a rate below the minimum rate of wages :‑(I) Subject only to such deductions as may be authorised under this Ordinance, or under any other law for the time being in force, no employer shall pay any worker wages at a rate lower than the rat..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....le of law evolved thereunder is well established and a Magistrate while exercising the immense power, quasi‑judicial in nature, given him by this section, must be very careful test a party use this provision of law as an instrument either to create evidence of his possession where he has not got a...... but the opposite parties who failed to purchase the land became hostile to the petitioner and on the 15th April, 1985 at about 09:00/10:00 AM came to the land armed with lathi, sulfi and formed an unlawful assembly and attacked the petitioner in the case land, But due to the intervention of the nei..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......rmination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power t..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....wherein it was held that even an absconding accused against whom a charge has been framed which is punishable with death is entitled to be defended by an advocate provided by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that every person......General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned accused should not be considered in his absence as he is a fugitive from justice and law. It is true that in the case of Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24, it was he..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
.... locus poenitentiae, in respect of the said order. The power passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result......hat the order contained in Memo dated 11.10.89 (Annexure‑1) is contrary to the decision of the Appeal and Arbitration Committee duly affirmed by the Board and therefore this Annexure‑I is without lawful authority. Then the petitioner Shamsun Nahar Awal also claimed that the Annexure‑I is malaf..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. This provi......to how a confession of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make the confession invalid and unreliable. This provision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly ob..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the pr......lip;…………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law need to exercise..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property was made as provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985. So the Court dismis......pplication for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in affirming and maintaining inclusion of House No.10‑C, Lane ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......e impugned order of conviction and sentence dated 3.7.86 passed by the Chief Martial Law Administrator as evidenced by Annexure E to the writ petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. Case of the petitioner is that he was put on ..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......Mr. Md. Azizul Huq the learned Advocate for the petitioners adds that the court could not allow an amendment ousting its own jurisdiction to try the suit and as such there has been a serious error of law resulting error in its decision occasioning failure of justice. Mr. M Khaled Ahmed, the learned ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ss of wage earner remittance and the function of the company insofar as it falls within the purview of Ordinance 1969 shall be governed by the said Ordinance and in addition of the above the relevant provision of the Company Act including the provision of loan and advance and also the provision of C......e Assistant Secretary of the Ministry of Home Affairs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Banglad..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......nistry of Town Planning and in the instant case any sub‑division of plots were unauthorised and having unauthorisedly injected in to the main master plan the sub‑division of the plots are without lawful authority and further this sub‑division would make the area completely uninhabitable, unhea..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it Whites to the suit." 11. By a careful reading of the above provision of Order 23, rule 3 of the Civil Procedure Code, it will appear that this rule will be app......ode. 10. Order 23, rule 3 of' the Code of Civil Procedure runs thus: "(3) Where It is proved to the satisfaction of the court that a Suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the who..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....e. the post of Muharrars in the clerical establishment of the Registration Department are mandatorily filled up by selection from the Tax Collecting Muhaffars on the basis of seniority as per amended provisions of Rule 3 10(a). It is stated by the petitioners that the seniority of the Tax Collecting......ause as to why the impugned order Annexure H directing the respondent No.3 to appoint extra Muharrars (Nakal Nabis) in the permanent posts of Muharrars shall not be declared illegal, void and without lawful authority.
2. The petitioner No.1 was enlisted as a Copyist, otherwise known as extra‑..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....against the Paurashava for anything done in official capacity and that the notices Exts. 3a and 3b which gave rise to the plaintiffs cause of action were issued in official capacity.
Whether the provision is mandatory or not, one has to look into its language, which is one of absolute prohibiti......e obtained the instant Rule.
7. Mr. Fakir Abdul Mannan, the learned advocate for the petitioners, has pressed only one point. He submits that the learned Subordinate Judge has seriously erred in law in finding that prior service of the statutory notice was not a necessity, He takes me through t..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....petitioner Lohani who cross‑examined each of them and in the case of Serajul Islam Thakur 11 witnesses were examined and each of them was cross‑examined by the petitioner Thakur. According to the provision of Rule 11 (4) the inquiring officer submitted report finding them guilty of misconduct an......nch to dispose of the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....the approving authority of the lease of the fishery, namely the Divisional Commissioner, Chittagong did not approve the lease of a number of lease including this Zakigqnj River fishery because as per provision of condition 5 of the auction notice the remaining 50% of the auction money had not been p...... is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enf..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... to justify their action. Neither the learned Assistant Attorney General appearing for the Government nor the learned advocate appearing for the respondent Nos. 5 and 6 has been able to point out any provision of law authorising the respondent Nos. 1 or 2 to take the impugned action. 9. In this...... 2 opening the tenanted house of the petitioner by breaking the lock and taking away the goods lying inside the house (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahma..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....said that the offences of commission of dacoity, assault and murder having not taken place in course of the same transaction, joint trial of these offences and persons in one trial is contrary to the provision of law." 18. The learned Judges also observed in a lengthy discussion that th......ers and documents. It does not appear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but err..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
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