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M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... were created and this caused delay in the acceptance of resignation of the petitioner. 4. Before we advert to the submissions of the learned Advocates of both the parties, we like to refer to the provisions' as to resignation as contained in Regulation 53 of the Bangladesh Biman Corporation Empl..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....y person approaches this Court and prays for enforcement of fundamental right and the Court is satisfied, that in fact, question of enforcement of fundamental right is involved, this Court is under a mandatory duty in view of clause (1) of the Article 102 of the Constitution to issue a writ. In this......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... under sections 495/497/109 of the Penal Code against the accused persons upon a prosecution filed by the police instead of a complaint filed before the Metropolitan Magistrate, as required under the provisions of secÂtions 198 and 199 of the Code. He further submits that, since no complaint was fi..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is disÂmissed. Ed. This Case is also Reported in:Â 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......plication on 20-8-2004 before the Artha Rin Adalat under Order XIV, rule 2 of the Code of Civil Procedure with a prayer to fix the total money payable to the Bank by him at 11, 50,000 by applying the provisions of section 47 read with section 60 of the Ain, 2003. But the Adalat rejected the said app..Category: Civil Law | Date: | Hits: 138
....ed to several decisions including the case of Benoy Bhusan Saha Vs. Md. Abdul Samad, reported in 6 DLR 50 where a Division Bench of High Court observed:
Provision of section 36 of the Stamp Act is mandatory which provides that accept for reason laid down in section 61 of the Act once a document i......ing or portion or share shall, notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years and the provisions of sub‑section (2) of section 95 shall apply to such transfer. Section 95 provides that..
Category: Property Law | Date: | Hits: 78
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......tion may be set aside; (v) The composition of the arbitral tribunal or the arbitral procedure was not in accorÂdance with the agreement of the parties, unless such agreement was conflict with the provisions of this Act, or, in the absence of such agreement, was not in accordance with the provisi..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....€¦â€¦â€¦(11) Section 540 of the Code of Criminal Procedure is manifestly in two parts, the first part gives a purely discretionary authority as word used therein is "may" while the second part is mandatory as the word "shall" has been used to emphasis its import and binds the Court to examine an......stice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where under any Court by exercising its discreÂti..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......rvant in good faith regarding his conduct is not defamation. In the instant case although the Hon'ble Chief Justice is not the appointing authority of the complainant judicial officer, in view of the provisions of Article 116 of the Constitution of Bangladesh the Hon'ble Chief Justice as Head of the..Category: Criminal Law | Date: | Hits: 75
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......ned in any other Act dismiss the suit if such party is the plaintiff or the appellant and in any other case, may recover the cost as a public demand." 6. Mr. Khan submits that having regard to the provisions of law regarding the valuation of the suit as envisaged by sections 8C and 8D of the Cour..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....f his retiring age. It is true that the plaintiff did not get corrected his age in the Matriculation certificate issued by the concerned Education Board. According to the plaintiff, there was no such mandatory provision for correction of age at the relevant time by the Education Board. The Regulatio......ection of his age as per affidavit dated 3-7-1963 showing his date of birth on 3-1-1945, it cannot be said that the affidavit is liable to be cancelled, inasmuch as at that time there was no Rules or provisions for amendment of the age by the concerned Education Board; that since the defendants appo..Category: Employment/Service Law | Date: | Hits: 158
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....he admissibility of insufficiently stamped document into evidence, considered the provision of section 36 of the Stamp Act, 1899 and held as under; "The provision of section 36 of the Stamp Act is mandatory and that once a document is admitted in evidence it is not permissible for the trial Court...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......ects a woman who is divorced to undergo a period of iddat elsewhere (Second Sura Baqara, verse 228) and herein Qur‑an directs a man to give maintenance in case he divorces his wife. These two legal provisions are, therefore, independent of each other and are addressed to two persons of different s..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ears that the learned Additional Sessions Judge neither scrutinised the evidence on record nor came to his own decision independent to that of the trying Magistrate. This is in clear violation of the provisions of section 367 read with section 424 of the Code of Criminal Procedure. Therefore, the im..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......heir respective constituencies as members of the Parliament in the general election held in the year of 1991. The respondent Nos. 3‑5 took oath of office as member of the Parliament to abide by the provisions of the Constitution with a view to representing the people of Bangladesh and further boun..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....rmation Report was lodged in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....ents in the petition and when the Returning Officer and Assistant Returning Officer were made parties the petition cannot be maintained as according to the learned Advocate it is the violation of the mandatory provision of Article 50 of the Order. His next submission is that in the prayer portion al......nd Others, reported in AIR 1969 (SC) 677, wherein it has been held that when the Act makes a person necessary party and provides that the petition shall be dismissed if such a party is not joined/the provisions of the Code of Civil Procedure cannot be used as curative means to save the Election Peti..Category: Election Law | Date: | Hits: 247
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......ument to show that the two defendants were ever consenting parties in spending the alleged amount for establishing the cattle market. In this regard, it is very pertinent and relevant to refer to the provisions of the Ordinance. Sub-section (1) of section 2 of the Ordinance has prohibited establishm..Category: Property Law | Date: | Hits: 105
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ...... 41. Appellate Division in the case of Mostafa alias Dayemuddin Vs. State reported in 61 DLR (AD) 150 has observed as under: "It is now a settled law that before an accused can pray in aid of the provisions of Exception 4 to section 300 of the Penal Code, all its ingredients must be satisfied to..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....request upon receiving valid papers and that information in this regard be communicated to the SEC within three working days of issuance of the letter. Section 38 of the Companies Act, 1994 lays down mandatory provisions regarding transfer of shares and sub-section (7) of section 38 of that Act prov......35) on October 15, 17, 18 and November 5, 6, 8, 2006 giving the identity of the buyers of the shares. By a letter dated 5-12-2006, the petitioner-company requested respondent No. 7 to comply with the provisions of the Memorandum and Articles of Associations of One Bank Limited. 4. By a letter dat..Category: Business or Commercial Law | Date: | Hits: 237
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