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Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... The concerned Officer of the Anti-Corruption Commission most hurriedly and at the behest of the then Government lodged this FIR without any sanction from the Anti Corruption Commission violating the mandatory provisions of section 32 of the Anti Corruption Commission Act, 2004. 6. He further sub......rned Officer of the Anti-Corruption Commission most hurriedly and at the behest of the then Government lodged this FIR without any sanction from the Anti Corruption Commission violating the mandatory provisions of section 32 of the Anti Corruption Commission Act, 2004. 6. He further submits that ..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......onstruction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisions of section 12(c) of Antiquities Act, 1968 and article 24 of the Constitution of Banglades..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... by the 6th Parliament of Bangladesh introducing in the Constitution the concept of non-representative government violating the basic and fundamental concept of democracy and also in violation of the mandatory provisions of Article 142(1A) of the Constitution. Although the said Act was passed by the......tution, we are of the opinion that the Full Bench, if constituted, should decide all issues raised in the writ petition, and particularly the issue where the Act 1 of 1996 has caused amendment in the provisions of Articles 48(3) and 56 of the Constitution requiring assent thereto through referendum ..Category: Constitutional Law | Date: | Hits: 215
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the Special Powers Act, the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with the provisi..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......was not maintainable because of the availability of a remedy under Section 561A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interpreted, remedy under article 102 of the Constitution is more appo..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......made or the directions given by the Government of Bangladesh.
11. Mr. S.R. /Pal, Counsel for the appellant, submitted that once the property in question vested in the Government according to the provisions of the Abandoned Property Order, 1972, it had no jurisdiction to release the same, there ..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......at the notice to vacate the suit premises did not confirm with the requirements of law as laid down in the Transfer of Property Act as well as the Non-Agricultural Tenancy Act, 1949. He relied on the provisions of sections 106, 107 and 110 of the Transfer of Property Act and section 9(1) (c) (iii) o..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....c Relief Act. Moreover, the plaintiff-appellant suffered no injury by the order of restoration of the S.C.C suit. 4. On the ground that the requirement of section 17 (1) of the S.C.C. Act which is mandatory hiving not been fulfilled by the defendant appellant, the order passed in the Miscellaneou...... allegation that the aforesaid order dated 13.12.72 passed in Miscellaneous Case No. 77 of 1972 was illegal, null and void. It was contended that since the defendant-appellant did not comply with the provisions section 17 (1) of the Small Causes Court Act, the miscellaneous case was not maintainab..Category: Procedural Law | Date: | Hits: 109
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....uit by reasons of cause of a nature like to that of defect o f jurisdiction.” 15. From a reading of section 23 of the Small Cause Courts Act it is clear that the word’ may in section 23 is not mandatory. When in a suit heard by a Small Cause Court any complicated question as to title to immov......tage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title.” (2) When a Court returns a plaint under sub-section (1) it shall comply with the provisions of the Code of Civil Procedure, 1908 Sch. 1 Order VII, rule 10 and make such order with r..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......parts. This provision of law no doubt has preserved the right of ex-rent receiver to realise his dues as rent from his ex-tenants and this right is therefore to be construed in the light of the other provisions of the State Acquisition and Tenancy Act. Under section 3 of the Act, with the notifica..Category: Property Law | Date: | Hits: 60
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312....... son. According to the learned Judges of the Division Bench the “principles of inheritance” and “successions” under “Hindus Personal Law” cannot be brought upon here in interpreting the provisions of a “Secular Law” like the Company's Act and its Regulations including the “Arti..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... certificate from the respondents duly registered in the new name of the petitioner-company. This is condition precedent. A combined reading of the aforesaid provisions supports and fortifies the mandatory requirements of the Rule 12(1) of the VAT Rule. From Annexure-'E' to the petition it could......en at all, the only relevant process for ascertainment and recovery of VAT under declared or under paid is under section 55 of the VAT Act. Therefore, he submits that even after compliance with the provisions of section 59 of the Act and Rule 12 of the Act, the petitioner has a right to ventilate ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......) 45 and 2 unreported decision in WP No. 346 of 1995 and WP No.959 of 1977. 6. We have heard the learned Advocates, perused the writ petition, affidavit-in-opposition, the supplementary affidavit, provisions of law and the decisions referred to. On perusal of the same it appears that the responde..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......arim the learned Advocates, appearing on behalf of the plaintiff-opposite party, has candidly supported the judgment of the Appellate Court and submitted that the Appellate Court having regard to the provisions of Order XLI, rule 31 has clearly reversed the finding of the trial Court and accordingly..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......he first party had no possession in the case land and that there was no apprehension of breach of peace. He next submits that the learned Magistrate did not draw the proceeding in accordance with the provisions of section 145(1) of the Code. He further submits that possession of the case land is bei..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......from super tax at 5% and under the second proviso to paragraph A(1)of Part II of the 5th Schedule to the Finance Act, 1967 such rebate was 15%. According to the learned Counsel, it is only the said provisions of the respective Finance Act as to the rebate from super tax which ought to have been co..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......roceeding commenced under any provision of the Security Act. 1952 (XXXV of 1952) or the Public Safety Ordinance, 1958 (E.P. Ord. LXXVIII of 1958), shall in so far as it is not inconsistent with the provisions of this Act be deemed to have been made, done, taken or commenced under the corresponding..Category: Criminal Law | Date: | Hits: 76
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......lier Civil Petitions for Leave to Appeal Nos.1508-13 of 2010.
10. Leave is, therefore, granted on ground Nos.4, 6 and the additional grounds which are quoted below:-
I. "For that in view of the provisions of Rule 6(5) of the 2000 Rules which provides that the teachers/staff shall be regularize..
Category: Employment/Service Law | Date: | Hits: 133
.... appearing on behalf of the petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from service is mandatory in view of the provisions of Regulation 53(2) of the said Regulations, 1989, and that the ......he petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from service is mandatory in view of the provisions of Regulation 53(2) of the said Regulations, 1989, and that the mandatory provisions were..
Category: Employment/Service Law | Date: | Hits: 180
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ssed the case of Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233, and relied on Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. In the latter case under similar facts and circumstances, provisions of section 95 and 95A of the State Acquisition and Tenancy Act were made applicable in a ..Category: Property Law | Date: | Hits: 87
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