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Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... to detain a person without trial the authorities concerned should conform to the requirement of law. The shady antecedent of the detenu cannot provide justification for the non‑compliance with the mandatory provisions. The scope of the enquiry in the case of preventive detention being narrow an...... a person without trial the authorities concerned should conform to the requirement of law. The shady antecedent of the detenu cannot provide justification for the non‑compliance with the mandatory provisions. The scope of the enquiry in the case of preventive detention being narrow and limited,..Category: Criminal Law | Date: | Hits: 156
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......ly the order of the Tribunal was illegal for declaring the petitioner as elected Chairman after recounting of votes, ought to have directed re‑polling in the said two centres in accordance with the provisions of Rule 29. By setting aside the judgment of the Election Tribunal only And not directing..Category: Election Law | Date: | Hits: 240
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... declaration that the orders of termination were illegal, mala fide and without jurisdiction and not binding upon the plaintiffs and that they were still in the services of the said Bank and also for mandatory injunction to allow them to continue in their respective services. They alleged that their......ident's Order No.26 of 1972 which have not provided any special remedy. He relied on Article 3 of the President's Order No.26 of 1972 in support. On the strength of this Article he contended that the provisions regarding termination and dismissal as embodied in sections 17, 18 and 19 of the Act have..Category: Labour and Industrial Law | Date: | Hits: 176
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......he number of lawyers to be engaged by the accused persons. The learned Sessions Judge has referred to section 352 of the code of Criminal Procedure for passing such an order. We have gone through the provisions of section 352 of the Code of Criminal Procedure. It appears to us that this is not at al..Category: Criminal Law | Date: | Hits: 121
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......ed and that not having been done in this case respondent 1 passed the impugned order upon misconception of law.
4. The contentions of Mr. Md. Abu Bakr Siddique requires examination of the relevant provisions of law in this regard. A reference to section 95A of the State Acquisition and Tenancy Ac..
Category: Property Law | Date: | Hits: 95
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......r after taking cognizance and before commencing prosecution of the accused person. Provisions of earlier section 4 of the said Act provide for taking cognizance of the offence against the accused and provisions of later section 6 of the said Act provide for obtaining sanction for prosecution of the ..Category: Criminal Law | Date: | Hits: 112
Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)
....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......he learned Magistrate then took cognizance against the accused petitioners under section 188 of the Penal Code. 3. Two ground have been taken in this revisional Application. The first is that the provisions of section 195(1)(a) of the Code of Criminal Procedure was not followed and, as such the ..Category: Procedural Law | Date: | Hits: 109
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......ppear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or makes such other order as it thinks fit. 11. With regard to the implications of the provisions of Order IX, rules 6 and 8 and Order XVII, rule, the Supreme Court of Pakistan stated in ..Category: Procedural Law | Date: | Hits: 180
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......er once at least in every calendar year and not more than fifteen months after the holding of the last preceding general meeting.
(2) If default is made in holding a meeting in accordance with the provisions of this section, the company and every director or manager of the company who is knowingl..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......r that even after amendment of Regulation No.11 in 1984 there is no corresponding amendment of Rules 3 and 4 of the Rules of 1988, The answer can easily be obtained on interpretation of the different provisions of these laws and to remove inconsistency appearing from any of, them the Court is called..Category: Employment/Service Law | Date: | Hits: 361
....as approved by the Board and accordingly, the Board asked the college authorities to reinstate the petitioner.
16. There is no doubt that the proviso to Regulation 12 of the Regulations, 1979 is a mandatory provision and does not contemplate Post facto approval of an order of dismissal by the Boa......spondent No.3 appearing from the submission made by the learned Advocate for the respondent No.3 is that the order of dismissal was perfectly made according to law and in conformity with the relevant provisions of law and the Regulations, 1979.
5. Mr. Khondker Mahbubuddin Ahmed, the learned Adv..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ervice Regulations of 1990 it has been specially provided that matters remaining pending immediately before coming into force of the Regulations of 1990 shall be disposed of as far as possible as per provisions of the said Regulations and in the Regulations of 1990 it has been mentioned that amongst..Category: Employment/Service Law | Date: | Hits: 191
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
.... a party to a proceeding in any court and that this forged document has been used or produced in that court by a party to the proceeding and if these ingredients are found present in a case, then the mandatory provision against the filing of a private complaint comes into play, Their Lordships have ......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ...... Division, being sub-ordinate thereto. If this is the consequence, then the proviso ought to be struck down as ultra vires. 26. Mr. Md. Amir Hossain, learned Advocate, has taken us through various provisions of the Code of Criminal Procedure and has submitted that the purpose of inserting the p..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.....11.85, which they did. On 14.11.85 the judgment-debtor-appellants preferred an application under Order 21, rule 34 of the Code of Civil Procedure pointing out in paragraph 10 thereof that there is a mandatory provision in sub-rule (2) of rule 34 of Order 21 of the Code of Civil Procedure that the C......iven any opportunity to file any objection to the draft document. Therefore, the Court did not pass any order either accepting or rejecting an objection to the draft document. In order to attract the provisions of Order 43, rule 1(i) of the Code of Civil Procedure, the impugned order must be an orde..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." (The underlinings are mine). 3. A careful examination of the provisions of rule 17 of Order 6 of the Code does not support the contention of Mr. Das that a plain..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....hman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......Pal and distinguished the same by saying that the facts in the case of Suraj Pal were distinct and admitted of no doubt as to the complicity of the accused with the distinct head of crime and as such provisions of the sections 236 and 237 of the Code of Criminal Procedure were not applicable but cas..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......"147. Appeals. Subject to any special provisions for appeal made in this Part or in any rules made under this Act, an appeal shall lie from every original or appellate order made under any of the provisions of this Part by a Revenue-officer as follows, namely :- (a) to the Collector, when t..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......it to cancel the provisional allotment letters earlier issued, it can very well do so by serving formal notices upon the petitioners specifically in that regard without taking any recourse to the provisions of section 143 of the Pourashava Ordinance, 1977 which had no manner of application at ..Category: Property Law | Date: | Hits: 145
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