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Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......ed with them as the Bangladesh Constitution, at the relevant time set up a parliamentary form of democratic government. 5. In the context of the detention order, if we advert to the Constitutional provisions, we find that Article 48 of the Constitution of 1972 along with Article 55, indicate that..Category: Criminal Law | Date: | Hits: 63
....pt.............
16. In the case of Dulal Chandra Bhar Vs. Sukumar Banerjee 1958 CrLJ 1163 it has been held as under:
''Court observed that if contempt is sought to be founded on a breach of a mandatory order, the same cannot be done unless it is shown that the mandatory order directed the al......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... Siddiqui, the learned Advocate appearing for the pre-emptor opposite party, on the other hand, submits that it is now well settled that a homestead land situated in the rural area is governed by the provisions of section 96 of the Act and not by section 24 of the Non-Agricultural Tenancy Act and in..Category: Property Law | Date: | Hits: 70
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......nt at the very outset submitted that the learned Tribunal by his order dated 5.3.87 framed charge under section 156(8) of the Customs Act read with section 25B of the Special Powers Act and those two provisions are not triable together under Special Powers Act by the Special Tribunal constituted und..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......n of a legal proceeding. Viewed from this angle it can easily be concluded that such remittance not being a legal proceeding within the meaning of Section 4 of the President's Order No.12 of 1972 the provisions of Section 4 of the Order has no manner of application to the facts of the instant case. ..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......sion even after taking final action against the respondent No.2 on the basis of the inquiry report. The Labour Court observed that the petitioner-corporation can well take action under some other provisions of law against the respondent No.2 for non-compliance with the order dated 23.1.83 but th..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......er admittedly exhibiting cinema in the said cinema hall after obtaining licence from the authority under the Cinematography Rules, 1972. The said licence has been cancelled on 19‑6‑2002 under the provisions of Rule 22 of Bangladesh Cinematography Rules, 1972 without any show cause and without an..Category: Property Law | Date: | Hits: 62
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......6-6-95. 4. The plaintiff opposite party No.1 contested the aforesaid miscellaneous case contending, inter alia, that the aforesaid miscellaneous case is misconceived and not maintainable under the provisions of Order 9 rule 13 of the Code of Civil Procedure as they were not the defendants in the ..Category: Procedural Law | Date: | Hits: 67
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....find force in this contention. 15. In the case of Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125 on the point of service of notice it was observed: “Examination of the process-server is mandatory when he has simply submitted his report about the service of summons without any verificat......t length and took us through the impugned order, order sheet of the Court below, different applications filed by both the parties. In support of their contentions they also referred us to the various provisions of the Civil Procedure Code and cited the decisions in the case of Shamsul Huda Vs. Mozam..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....on is illegal, void, without jurisdiction and not binding upon the plaintiffs and for permanent injunction restraining the defendants from giving effect and confirming of the said amendment and for a mandatory injunction directing the defendants for holding election of the Bar Association on the bas......ing. Both the parties fiercely battled each other on the propriety of passing the temporary ad interim mandatory injunction and this Court has duty considered the same being competent to do so as per provisions of section 115(1) of the Code as it was at the time of issuing of the Rule and also in vi..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....roceeding before the Civil Court. The learned Advocate for the petitioner submits that in the instant case, the Artha Rin Adalat clearly erred in law in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, consequently, the ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......he plaintiff after failing to get back the suit property by way of de-requisition filed the instant suit for declaration of title and recovery of khas possession and in view of the bar imposed by the provisions of section 14A of the (Emergency) Requisition of Property Act, 1948 the suit was not main..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....aji petition is regarded as a fresh complaint and the order dated 15.01.2008 accepting the Naraji petition and directing the RAB to investigate the case without examining the complaint on oath as per mandatory provision of section 200 of the Code of Criminal Procedure is illegal and as such the same......ision of the Supreme Court of Bangladesh and as such the Rule is liable to be discharged with vacating the order of stay. 17. To appreciate the contentions raised, it will be useful to examine the provisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code pro..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....ed Judge of the Artha Rin Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory provision of law. 4. Mr. Bivash Chandra Biswas, the learned Advocate appearing for the ......on of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory provision of law. 4. Mr. Bivash Chandra Biswas, the learned Advocate appearing for the petitioner, has contended that the provisions of sub‑sections (1) and (2) of section 32 of the Artha Rin Adalat Ain, 2003 do not appl..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....ctly inconsistent with the said provisions of the UN Convention in as much as it has disregarded the legal system and constitutional principles. Further, Article 31(1) of the U.N. Convention makes it mandatory for each state to take, to the highest extent possible within its domestic legal system, s......ce to pick and choose and as such there is discrimination and violation of equality clause embodied in the Constitution. 7. Further case of the petitioners are that the impugned Ordinance contains provisions to handout punishment to the persons appearing before it, in as much as under Section 25,..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......ppellant has highlighted lot of grievances in bringing home contentions. Contentions pressed into service are catalogued thereunder: I. Search and seizure as required to be made in compliance with provisions contained in section 103 of The Code had not been complied with and two respected persons..Category: Criminal Law | Date: | Hits: 84
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
...... prior to the suit in question whether or not it was instituted prior thereto.
Explanation II‑ For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III‑ The matter..
Category: Civil Law | Date: | Hits: 92
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......ut to no effect.
3. Being aggrieved the petitioner moved this Court and obtained this Rule.
4. The only submission Dr. Ahmed Husain, appearing personally, has made is, that in pursuance of the provisions as contained in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991,..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......ceeding or the making of the award. Plaintiff instituted the suit only for declaration of its right to receive the compensation given by the award. Such suit is therefore, not barred under any of the provisions of the Ordinance. 5. On behalf of the respondent No. 8, Bangladesh, Mr. Firujur Rahman..Category: Property Law | Date: | Hits: 61
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......ose of rectification of the register. The jurisdiction is of general nature and not confined to cases where there has been error, mistake or default on the part of the company and only limited by the provisions of the Act. The Court may generally decide any question necessary or expedient to be deci..Category: Company Law | Date: | Hits: 232
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