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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......vidence is received." 12. In this connection in another decision reported in 19 DLR 573 it has been observed that, ‘‘The child of over 10 years of age is not tender age and for that matter the provisions of section 118 of the Evidence Act do not apply in this case. ‘‘Further in the case o..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......secution to that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.” 34. To decide whether in a particular case provisions of section 149 is attracted, it is to be proved that the accused was a member of an unlaw..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......es exercise of power under section 151 of the Code of Civil Procedure is not only permissible but also imperative for preventing an injustice and the availability of an alternative remedy under other provisions of the Code does not always stand in the way of exercise of the inherent power of the Cou..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......her period of 3 months with effect from 3-6-98 by order dated 31-5-98. 5. Learned Assistant Attorney-General while challenging the Rule contended that since the detenue is being detained under the provisions of section 3 of the Special Powers Act in view of the provisions of sub-section 491 of th..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......ommission as the authorised officer against the respective First Party accused persons quoting extracts from the report dated 27-3-97 submitted by a Enquiry Committee constituted by the SEC under the provisions of section 21 of the Securities and Exchange Ordinance, 1969 (Ordinance XVII of 1969) her..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......goods have not been cleared by the consignee and failure to do so has absolved the Port Authority. It is a clear case of non-delivery which comes within section 50A for loss and under the referential provisions of the Contract Act the Port Authority is liable as a bailee. A bare reading of sections ..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......der sub-clause (b) and no appeal has been provided for. Since the action against the plaintiff was taken under this provision we fail to understand the reasonings of the High Court Division as to how provisions of Ordinance III of 1959 are attracted. As has been noticed in the case Murzuqullah, (196..Category: Employment/Service Law | Date: | Hits: 196
....hare with the other lands of late Percival, which were shown constituted as a new tenancy under Khatian No.18. Separation of this plot from the original holding having been made in total disregard of mandatory provisions of section 117 (c) of the State Acquisition and Tenancy Act, the pre-emptor all......the State Acquisition and Tenancy Act) sufficiently showed that amalgamation and consolidation of holdings of H.E. Percival was made after, the service of notice on all the parties concerned as per provisions of the State Acquisition and Tenancy Act.
7. At the hearing of the appeal we had the a..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214....... Thus we are unable to agree with the contention of Mr. SM Shahjahan that the petitioner, as the member of the Parliament, not being a public servant, the Metropolitan Senior Special Judge, under the provisions of the Criminal Law Amendment Act, 1958, has no jurisdiction to take cognizance of the of..Category: Criminal Law | Date: | Hits: 230
....ing or taking possession as abandoned under the said Order have been issued:
Provided……………………
……………………………
Since no notice was served under the aforesaid mandatory provision of the Ordinance 54 of 1985, the petitioners were not aware that the property wa......ab initio. In support of his contention he referred to the case of Government of Bangladesh Vs. Dr. Nurul Islam, reported in 33 DLR (AD) 201 wherein it has been held:
“Since neither the impugned provisions of the Act nor the rules provide any principle or guideline for the exercise of discretio..
Category: Property Law | Date: | Hits: 150
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ng Civil Suit No.1 of 1972 after 23 years of the withdrawal of Civil Suit No.8 of 1945, the suspicious circumstances attending the execution and registration of the will and non-compliance with provisions of section 63(c) of the Succession Act and section 68 of the Evidence Act the learned Jud..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......e the Artha Rin Adalat like the proceeding in the Civil Court having general jurisdiction, Artha Rin Adalat has the jurisdiction to entertain the counter‑claim of the defendants notwithstanding the provisions laid down under sub‑section, (1) of section 5 of the Act. The respondent Nos. 1‑5 als..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......0 dated 14.6.90 at Taka 3 crores 12 lacs for the Dhaka Division, Taka 2 crores 50 lacs for the Chittagong Division and Taka 1 crore 88 lacs for the Khulna and Rajshahi Divisions It is stated that the provisions of sub‑sections (4), (5) and (6) or section 3 of the Excise and Salt Act, 1944 were ame..Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......he pertinent question that calls for determination by this Court is as to whether the impugned order of stay was really passed under section 151 of the Code of Civil Procedure or it is covered by the provisions of Order 41 rule 5 of the Code. Order 41 rule 5 sub‑rule (i) provides that an appeal sh..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......t is a special forum constituted under the special law with limited scope and it is a Civil Court for a limited purpose and it is not a Civil Court in the ordinary sense of the term and, as such, all provisions of the Code of Civil Procedure shall not apply in respect of the proceedings of Artha Rin..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......1908, shall be followed subject to the exceptions provided by the Code of Civil Procedure or the Small Cause Courts Act. 10. The Code of Civil Procedure in section 7 and Order 50 has specified the provisions which shall not extend to the Court constituted under the Small Cause Courts Act, IX of 1..Category: Procedural Law | Date: | Hits: 82
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of service of workers employed in shops and commercial and Industrial Establishments and for matters connected therein. The first two of these acts were repealed by the said Ordinance of 1969 and the provisions of the repealed acts were consolidated after amendment and re-enacted in the said Ordinan..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... rights are engaged, no such distinction, for obvious reason, exists in the English judicial review jurisprudence. 75. That, said, however, it should not skip from out mind that our constitutional provisions are not totally divorced from those of the English Common Law. As a matter of fact, the n..Category: Property Law | Date: | Hits: 159
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 ("PO ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......e Tax Ordinance, 1984; (b) Whether the Department could legally use the Inspector's Report against the assessee without affording him any opportunity to controvert the same; and (c) Whether the provisions of section 19(3) of the Income Tax Ordinance 1984 are at all applicable on the facts and ..Category: Fiscal/Taxation Law | Date: | Hits: 151
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