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AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......hich operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not in any manner violated ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... section 342 of the Code of Criminal Procedure, we are of the view that the condemned-prisoner was not a minor at the time of commission of the offence. Therefore, he was not entitled to avail of the provisions of the Children Act, 1974 so far as those relate to youthful offenders. 16. Admitte..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Committee that has been empowered by the constitution to do this. Although clause 9 of the constitution ordains that the General Council is set up for a fixed period of four years, in breach of this mandatory provisions, the General Council in the instant case was purportedly dissolved and the affi......d first dissolve the Executive Committee and then appoint an ad-hoc committee and take steps for ensuing election by convening a meeting of the incumbent General Council. In flagrant violation of the provisions of clause 19.6 of the constitution, the President purportedly elevated one of the Joint S..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is directory. However, in such cases while accepting the police report, if file......e to complete the investigation within time thus, keeps the matter hanging, which conversely prejudices immensely the interest of the accused petitioners against whom allegations under the respective provisions of law have been brought and because of the said situation they do not have the scope to ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....ndent No.1 Ms. Eazilatunnesa, as plaintiff, filed Title Suit No.132 of 1993 in the court of Senior Assistant Judge, Dumuria, Khulna against the present petitioners and others for declaration and mandatory injunction. The plaint case, in short, was that the Banachhaya Mahila Kallayan Samity was ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......High Court Division a writ petition. The High Court Division by the impugned judgment made the rule absolute observing that the review petition filed by the writ petitioner was maintainable as per provisions of section 21 of the General Clauses Act; that the writ petition is maintainable and t..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
......cerned quarters.
15. This power to punish for contempt, conferred in the apex Court under Article 108, cannot be restricted or trammeled by any ordinary legislation, including the provisions of the Contempt of Court Act, (enacted in India), vide AIR 1992 SC 904: Pritam Pal Vs.Hig..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... first: whether against the judgment and order passed by the learned District Judge in the artha rin miscellaneous appeal, revision would lie or writ would lie. The Ain, 2003 is a Special Law and its provisions have to be adhered to very strictly. Chapter VII of the Ain, 2003 has dealt with the appe..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......er of the writ petition, Rule was prayed for only against the District Judge, Dhaka calling upon him to show cause as to why the order dated 22.10.2009 dismissing Summary Suit No.16 of 2005 under the provisions of rule 2(2) of Order XXXVII of the Code of Civil Procedure “without passing by a Judge..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....pertaining to a particular procurement and obtaining information from tenderers, hold a pre-tender meeting at such time, date and place as specified in the tender document”. It is, therefore, not mandatory for the respondents to conduct a pre-tender meeting, but was up to their discretion depe......per. (2)..................................... (3) Any other condition as may be imposed by the Authority as and when considered imperative, shall also apply. 51. Vide the said provisions the licensed Stevedore working on or about any vessels in the port to load or unload car..Category: Others | Date: 21 Jun, 2012 | Hits: 20
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ns on which leave has been granted are quoted below:
I. The High Court Division failed to appreciate that the case property having been enlisted in the ‘kha’ list published under the provisions of Ordinance No.54 of 1985 it shall be presumed that the property is an abandoned propert..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
.... writ petitions now awaiting disposal before the High Court Division shall be deemed to have been disposed of. 19. In order to address the submissions that Article 8 of the Order of 1972 is mandatory and that there is no scope for holding election of the Bangladesh Bar Council beyond the t......ides for entries in the roll in order of seniority and Article 25 provides that the roll shall be made in order of seniority. The roll of Advocates prepared and maintained in accordance with the provisions of PO No. 46 of 1972 shall be the sole basis for holding the election of the Bar Council ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......making a little cross on a little bit of paper-no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point." 32. Having considered that the provisions of the RPO in general it appears that to ensure free and fair election and also to ensure..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......to have been allowed if the Appellate Tribunal fails to make an order thereon within a period of six months from the end of the month in which the appeal was filed:— Provided that the provisions of this subsection shall not apply to an appeal filed by an assessee at any time bef..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....nce. This assertion was part of the record and neither the Court nor the prosecution took any steps to act in accordance with section 66 of the Children Act, which in my humble opinion is a mandatory and most salutary provision of law for the purpose of the rights of youthful off......y were implicated in the case falsely. They made the confessional statements as tutored out of fear of torture and that they being under the age of 16 years were triable by a Juvenile Court under the provisions of the Children Act, 1974. 44. On conclusion of trial, the learned..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... faced by the petitioner directly due to the failure of the respondent Nos.1 and 2 to provide a proper upgradation under Clause No.10.1 of the Contract and therefore this court is required to pass an mandatory injunction directing the respondent Nos.1 and 2 to provide the petitioner with immediate s......der to obtain ad-interim injunction and to obtain interim protective measures which may appear reasonable or appropriate to this court and since the law has provided in its sub-section (2) that other provisions of law is available to this court while passing order under sub-section (1) of Section 7(..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......া পর্যন্ত উপধারা(১)এর অধীন কোন কার্য্যধারা শুরু করা যাইবেনা”।
28. In view of the above provisions of law, when an appeal under section 42(1) is pending before the Tribunal the Board's..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ...... সিদ্ধান্ত সংশ্লিষ্ট প্রার্থীকে অবিলম্বেক অবহিত করিতে হইবে।” 7. In view of the said provisions the Advisory Committee shall prepare a panel of 3 (three) candidates against one license ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......ows that every order made by a District Judge (emphasis supplied) by virtue of the powers conferred upon him under the Act shall be subject to appeal to the High Court Division in accordance with the provisions of the Code. In the instant case, the impugned orders challenged before the High Court Di..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
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