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Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......n this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions of section 4 of the Khulna City Corporation Ordinance, 1984 (the Ordinance, in short). Wh..Category: Constitutional Law | Date: | Hits: 443
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......owing cause against such enhancement when an appeal is filed under section 417A of the Code of Criminal Procedure by a complainant against any sentence on the ground of its inadequacy. In view of the provisions of section 404 of the Code, no appeal shall lie from any judgment or order of Criminal Co..Category: Criminal Law | Date: | Hits: 96
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......sdiction. He further submits that neither in the Civil Courts (Amendment) Ordinance, 1983 nor in any other law there is any provision that the forum of appeal will be determined with reference to the provisions of Civil Courts Act as it was at the time of institution of the suit. In other words, the..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....ion 3 of the Act pleadings (plaints), applications, etc. written only in Bengali language and in no other language is to be Filed in the Subordinate Civil Courts inasmuch as the said sub‑section is mandatory. In other words, the question is whether after the Act came into being it is possible for ......sha Prochalan Ain) is a general law and the Code of Civil Procedure which governs the procedure of the subordinate civil courts is a special law. In this connection it may be mentioned that where the provisions of two laws are not in agreement with each other then the theory of occupied field may be..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......f Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No.1 of 1972). Accordingly the Government of Bangladesh took over the control and management of the suit property under the provisions of the said Acting President's Order No.1 of 1972 in the interest of the Republic and sub..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......s to stand on. 14. We have carefully examined the terms of the legal advice tendered by Mr. Nazrul Islam, the legal adviser of the BSRS who is opposite party No.3 in this matter, and perused the provisions of BSRS Order along with the Direct Sale Rule. It appears that the legal adviser of the B..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....he beginning of the plaint at page 1, as according to him such a prayer (Kha) without declaration of title is not maintainable and "direct the appellate Court to consequently set aside the decree for mandatory injunction passed by the trial Court as not maintainable Since neither the plaint nor the ......the plaintiff‑petitioner, made a number of submissions. His first submission is that the order of the lower appellate Court directing production of additional evidence is not in accordance with the provisions of rule 27 read with rule 29 of Order 41 inasmuch as no points were specified by the lear..Category: Procedural Law | Date: | Hits: 113
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......hout lawful authority or in an unlawful manner. Therefore, the personal liberty of the detenu as guaranteed under Article 32 of the Constitution has been deprived of/taken away in accordance with the provisions of section 3(1) of the Special Powers Act, 1974. In the result, the Rule is dischar..Category: Criminal Law | Date: | Hits: 113
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......ourse, with the limitation as to the valuation of the subject of the suit. 13. Section 20 of the Code of Civil Procedure is a general section governing all personal action and it is subject to the provisions of sections 16-19 of the Code. The principle behind clause (a) of section 20 is that th..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......ing making of award and signing thereof is given to the parties. From the date of receipt of such notice the award is to be filed in Court within 90 days. Mr. Md. Khalilur Rahman relying upon the provisions of section 14(1) of the Arbitration Act submits that since the fact of passing and signin..Category: Procedural Law | Date: | Hits: 93
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......eased out by the Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedings relating to title are barred under the said provisions of law. The withdrawing plaintiffs thought that the prosecution of the title suit would i..Category: Procedural Law | Date: | Hits: 82
....der para 1A of MLO 9, the CMLA was duty bound to consider and dispose of the said application. The word "may", therefore, read in the context of "on application" ought to be read as "shall" and 'was' mandatory in nature.
21. While the application of the petitioner for review under para '1A' of ML......drawing up of a departmental proceeding. But in the meantime, on the basis of the enquiry report headed by Joint Secretary, the petitioner was dismissed from service with immediate effect under the provisions of MLO No.9 of 1982 which was communicated to the petitioner as contained in Order No. DS..
Category: Employment/Service Law | Date: | Hits: 209
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... lockers in as much as there is no accusation, allegation or complaint against the petitioner No.5 and her husband in any police station for which an enquiry or investigation is being made under the provisions of the Criminal Procedure Code by the police or by a Magistrate or by any other courts an..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ue or that it exceeds the arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......Deputy Commissioner of Taxes for the purpose of audit under sub-section (3) of section 82BB, no authority has the power to initiate any proceeding under the provision of section 82BB (3) or any other provisions of the Ordinance. On the other hand, scope of section 93 has been excluded by section 82 ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....ined the present Rule. 5. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner, supports the Rule and submits that the learned Judge of the Adalat without complying with the mandatory provisions of law prescribed in Ain 2003, sentenced the petitioner, which is required to b......resent Rule. 5. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner, supports the Rule and submits that the learned Judge of the Adalat without complying with the mandatory provisions of law prescribed in Ain 2003, sentenced the petitioner, which is required to be declared..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......cle 9 of the said Rules by submitting affidavit containing false declaration. The learned Counsel for the petitioner further submits that violation of the RAJUK Rules is not made punishable under the provisions of Anti-Corruption Act or no cognizance was taken against the petitioner for the aforesai..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....eement. In the case in hand the plaintiffs also failed to show by any credible evidence that the subsequent deed which are registered in accordance with law are obtained in collusion which is a mandatory provision of law to succeeds in a suit where in a decree as prayed against such instrument......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......es that the voter list prepared under Act No.6 of 2009 is “আইনের অধীনে চূড়ান্ত ভোটার তালিকা”. Moreover, on proper examination of the entire provisions of the Act No.58 of 2009 and the Rules, 2010 we failed any provision whatsoever dealing..Category: Election Law | Date: | Hits: 217
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