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Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...... pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of the Supreme Court of Bangladesh is concern­ed with the human rig..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....the business, i.e. within his implied authority or he must act in accordance within his usual or customary authority. The Agent must perform the undertaking with due care and skill. In the case of contractual agency, the standard of care to be observed by the agent is expected in terms of the sk...... discharged. Obligations of an agent An agency relationship will arise from an agreement particularly from a contract, the express or im­plied terms of which govern the rights and liabilities of the parties. In the absence of any relevant express terms their obligatio..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ce against vacant posts the opposite party No.1 respondent no.2 in order to regularize those posts made advertisements in the National Dailies and thus the petitioners were deprived of their legal rights of being appointed to the permanent posts. The petitioners have been successfully performing..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......terest, in justification of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their one..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ssion or default in pleadings of parties. The consideration is to minimize the litigation and to advance cause of justice instead to stifle it. Prayer for amendment is to be liberally allowed so that rights of the parties can be fairly and conclusively determined and multiplicity of suits avoided. I..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......;ter that is to be maintained According to Rule 22, Register VIII is a register of unoccupied lands and will be maintained in parts: "(1) For those unoccupied lands in which the public have rights and which therefore cannot be leased, e.g., roads, halots, drinking water tanks, em­bankm..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ...... suit land was dedicated for establish­ment of the deity and also for performing the Sheba Puja and other religious cere­monies. The suit land was recorded as such in her name in the C.S. record of rights as debatter properties. The plaintiff has thus been owner in peaceful posses­sion of the sui..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....hire) vs. National Iranian Oil Co. reported in 35 ILR 136 (1953) where Judge Calvin held: "It is a fundamental principle of law, which is constantly being proclaimed by International Courts, that contractual undertakings must be respected. The rule "pacta sunt servanda' (contracts are to be obse...... the proposition of law propounded therein. Now the question before us as to if the offending aforesaid provision is struck down whether the agreement is affected in its material particulars with all rights and obligations of the contracting parties under the valid part of the Licence Agreement. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......s no written constitution, it is a constitutional convention of the highest importance that the legislature and the judicature are separate and independent of one another, subject to certain ultimate rights of Parliament over the judicature which are immaterial for present purposes. It therefore beh..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......this issue which is no longer res integra. within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the Republic wh..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......k he or she would be disqualified to contest the election, or to be chairman or a commissioner. Secondly, any provision in a statute putting any such disqualifica­tion with a view to restrict the rights of a citizen from contesting a public election must be construed strictly. 34. If the lo..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, inter alia, that the plaintiff and defendan..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......ion 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full­ fledged tenant with all the rights and incidents of a tenant as provided in the State Acquisition and Tenancy Act. In the i..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ...... 66. It may be noted that said policy was declared for guidance in the participation of the public in the field of telecommunication. None of the provisions of the policy appears to have created any rights or obligations to either of the parties, licensor or licensee. Terms and conditions of the NO..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ......enting the hazards which could be created in the face of claims raised after lapse of long time. The law of limitation puts an end to state claims once and for all. It debars that party from claiming rights after expiry of the period of limitation and can well be used in defence, otherwise the matte..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Suo Moto Ex-parte Order 2005

....ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......gment May 23, 2005. Suo Moto Ex-parte Order 2005. Judgment Md. Abdul Matin J.- Since our Republic was established pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to justice and to the Courts of l..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......can be shown, as here, that the applicant is in the same trade as the person who has registered the trade mark, and wherever the trade mark if remaining on the register would or might limit the legal rights of the applicant so that by reason of the existence of the entry upon the register he could n..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......t upon exceeding its jurisdiction rejected the oral gift made by the original owner of the property to her daughter, Anwari Khatun, that claimant of the property has mutated her name in the record of rights and paying the taxes and other dues to different authorities and this fact is sufficient to s..

Category: Property Law | Date: 15 May, 2005 | Hits: 120