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Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ignty of Parliament in India,” states, “In modern democratic states the power of control ever legislative organ to see that the legislative organ shall not enact a statute in contravention of the provision of the Constitution, is vested on the Judiciary...In democratic states sovereignty is vest......ent and secretary respectively of the organization named “Human Rights And Peace For Bangladesh”(HRPB), which body is engaged in promoting and defending human rights, working to establish rule of law and supporting the victims of human rights violations, felt dismayed at the deplorable state of ..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......4-8845 of 2011.
Judgment
Md. Ruhul Quddus J. -These two writ petitions have been heard simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to examine the legality of order date..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....rvice Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to above and in view of clear provisions as contained in Regulation Nos.11(3) and 13 of the Sonali Bank Employees Service Regulati......h the parties came to his finding that the suit is maintainable and thus he set aside the Judgment and decree of the learned Assistant Judge and sent the suit back on remand for disposal according to law vide his Judgment and decree dated 4‑3‑86 and 10‑3‑86. 5. Being aggrieved by this Jud..Category: Labour and Industrial Law | Date: | Hits: 137
....s a body constituted and established by the Government under a law. So the said Corporation is a 'local authority' as mentioned in sub‑Article (2) of Article 102 of the Constitution. Under the said provision direction can be given to a person performing functions in connection with the affaire of ......rity has been defined under clause (28) of section 3 of the General Clauses Act and mean and include 'any Corporation or other body or authority constituted or established by the Government under any law.' Bangladesh Agricultural Development Corporation is a body constituted and established by the G..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....tion of the Special Case No.24 of 2004 now pending in the Court of Special Judge, Bogra, clearly amounts to abuse of the process of the Court and that continuation of such proceeding is barred by the provisions of section 26 of the General Clauses Act, 1897, as because the Judgment and order of acqu...... No.242 of 2000 is still in force for not preferring any appeal challenging the same by the state. He finally submits that in the facts and circumstances of this case and in view of the provisions of law mentioned above, the impugned proceedings is liable to be quashed to secure ends of justice as w..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....nk. Already we have found that before issuance of the letter dated 25.2.1995 by the bank,, offering some terms and conditions for compromise, the petitioner company has become defaulter and under the provision of Bank Companies Act the petitioner is a defaulting borrower. The respondent-bank filed t...... as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No.4999 as mentioned in Annexure-A should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to delete ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....ered documents (exhibits "1 and 1A-1G series") which were produced from the custody of the plaintiffs and those documents are more than 30 years old documents and have strong presumptive value as per provision of section 90 of the Evidence Act. 9. Mr. Md. Nurul Amin, further submits that the find......onsideration of the materials on record by his judgment and decree dated 29.8.1980 (decree signed on 4.9.1980) dismissed the suit mainly on 3 (three) counts: (1) that the suit is hopelessly barred by law of limitation. (2) that Abdul Kader Mia took settlement of the suit land in the benami of his el..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
.... 9. The pertinent question that calls for our determination is whether the local investigation is necessary and proper for the purpose of elucidating the matter in dispute. 10. Now let us see the provision of law in this regard which is envisaged in order 26 Rule 9 of the Code of Civil Procedure......ng its Municipal holding No.28/8/1 Mohakhali, Dhaka. 6. Now the point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, committed any error of law resulting in an error in his decision occasioning failure of justice. 7. Mr. Garib Newaz, the..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....spondent No.3, Inspecting Additional Commissioner of Taxes issued the impugned notice. 5. Mr. Mosharaf Hossain, learned Advocate for the petitioner took us through the assessments and the relevant provisions of the Ordinance particularly section 120 and submitted that Inspecting Additional Commis......ion 120 of the Ordinance for revision of the assessment which was concluded by the order of the Appellate Tribunal and binding on everybody including him. Such notice was therefore issued without any lawful authority. 17. In the result, the Rule is made absolute with cost. Impugned notice dated 0..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......onditions of the people and infrastructure of the area have also been developed. 14. Under the facts and circumstances, it is expected that the Government will decide the matter in accordance with law considering the recommendation made by the district administration and socio-economic conditions..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Court with the instant writ petition and obtained the Rule with an order of stay. 5. The petitioners claimed that in passing the impugned order, respondent No.2 did not comply with the mandatory provision of section 10 (1) of the Trade Organization Ordinance, 1961 (hereinafter called the Ordina......e committee by a letter dated 29.11.2010 (annex-G to the writ petition), but respondent No.2 without canceling or nullifying the said election passed the impugned order, which was illegal and without lawful authority. The impugned order was not addressed to the previous or present executive committe..Category: Civil Law | Date: | Hits: 114
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ed that septicaemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report given to the police station. Haemorrhage might b..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......ere is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. 12. From a plain reading of those well settled principles of law, it appears to us that the principles enunciated in the said decision in no way help the opposit..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....ota of evidence from side of the prosecution to substantiate such allegation. 35. The last charge against the accused appellant is under section 5(2) of the Prevention of Corruption Act, 1947. The provision of section 5(2) of the Prevention of Corruption Act is that any public servant who commits......ant that he misappropriated the wheat to the amount of Taka. 20287.52 by conversion to his own personal use without performance of any reconstruction work under the project has no value in the eye of law unless the allegations are substantiated by credible evidence. 18. The established principle ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....sed. At best it can lend support to the other evidence but when the maker of such statement appearing in court did not own the same and when the recording there of was not made in compliance with the provisions section 164 of the Code of Criminal Procedure the evidentiary value of such statements ca......Md. Yad Ali, the informant, in short, was that deceased Shaheda Khatun was his niece and she died on 15th day in any month before two years. Two years before he had gone to the house of his father in law to celebrate Eidul Azaha when Samed Ali informed him that the dead body of Shaheda Khatun was fo..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o any other person or entity to use the same, while section 14 (1) confers authority on the Government to cancel a recruiting license and forfeit the security money for misconduct or violation of any provision of the Ordinance or any terms and conditions of the license on the part of the licensee. S......m the concerned embassy in Netherlands. 4. Ms. Selina Akhter, learned Advocate for the petitioner at the very outset submits that the writ petitioner was conducting his business in accordance with law, and following the terms and conditions of the license, but the Government without giving him an..Category: Constitutional Law | Date: | Hits: 407
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ...... learned trial Court as well as the appellate Court did not give any finding as to the taking/delivery of possession to the plaintiff by the defendants and that the appellate Court committed error in law in allowing the appeal without giving any finding as to whether the plaintiff was able to prove ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......he signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... any, medical certificate if produced, make such examination, if any, of the accused, as the Magistrate thinks necessary and also hear the parties……………………………………(8) The provisions of section 241A Cr.P.C (corresponding more or less to those of section 265C Cr.P.C.) cl......ur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into the complainant's h..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....rious miscarriage of justice and, as such, the impugned Judgment and order of conviction and sentence cannot be sustained in law. 8. His next contention is that there has been no compliance of the provisions of section 342 of the Code of Criminal Procedure in the instant case and as a result the ......nd obtained sanction of the government to prosecute the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were t..Category: Criminal Law | Date: | Hits: 110
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