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Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......o. Here, in the instant case no such reply was given. 7. Now, we have found that in the case reported in 46 DLR this Court clearly observed that the power given to an executive authority under the provisions of law should be exercised with limit of the power given by the law following all the pro..Category: Others | Date: | Hits: 102
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......roprietors of the mark Bali but this was expunged by the order of the House of Lords on the grounds that it offended against section 11. The defendants thereupon sought to register the mark under the provisions of section 12(2) and at the same time the plaintiff’s pressed their action for infringe..Category: Intellectual Property Law | Date: | Hits: 200
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......f 2003 before the Administrative Tribunal, Dhaka, hereinafter referred to as the Tribunal, challenging his dismissal vide order dated 07.08.2002 on the basis of the departmental inquiry following the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, hereinafter referred to R..Category: Administrative Law | Date: | Hits: 192
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....act that the evidence, if any, submitted by the opponent to the Registrar, the copy thereof has to be forwarded on the same very day to the applicant and the provision of sub-rule (1) of Rule 13 is a mandatory provision, non‑compliance of which makes the opposition abandoned. The learned Advocate ......basis of averment only. Here, in the instant case, there is no evidence in support of the opposition and therefore, there is no scope to enter into the merits of the case. 10. We have examined the provisions of the Act. Section 14 provides for application for registration, section 15 relates to o..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....n. But this legal requirement was not appreciated and followed by the trial Court. (6) The trial in absentia of the condemned prisoner and the accused appellant was not held in compliance with the mandatory provision of section 339B of the Code of Criminal Procedure inasmuch as the publication of......in it has been held: "The confession or statement, as the case may be, will be admitted into evidence without examining the Magistrate in the Court. It is only when the Court finds that any of the provisions of section 164 or 364 Cr.P.C. have not been complied with by the Magistrate concerned tha..Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....rivate TV Channel, namely NTV. This clearly showed the discriminatory policy the respondents have been taking against the petitioner at the instance of certain interested quarters although there is a mandatory provision under section 36(2)(b) of the Bangladesh Telecommunication Act, 2001 against any......dio and television, by establishing an independent Regulatory Commission. Television broadcasting was, intended by the Act of 2001 to be regulated by BTRC which would exercise those powers as per the provisions of sections 3 ) 6 and 55 of the 2001 Act. ETV Ltd operating as a private television stati..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......e Code, to order for an inspection. We heard the teamed Counsels at length. We have also read the case as relied upon by them' In order to appreciate their submissions, we first need to refer to both provisions of Order XXXIX rule 7 and Order XXVI rule 9 of the Code. Order XXXIX rule 7 reads- "7...Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......and important question of law centering round the holding of the AGM was brought to the notice of the Chairman designate and waiting for this guideline so that the AGM can be held smoothly and as per provisions of the Act but at no point of time the Chairman designate did co‑operate with them nor ..Category: Banking Law | Date: | Hits: 158
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and selling banned polythene shopping bags, violated the provisions of section 6 Ka of the Bangladesh Environment Conservation Act, 1995 (বাংলাদ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......e their operation only to first-appeals. If this is not done, and an 'appeal' is held to include a second appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and her..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....ce as illegal and not binding on him and that the suit for declaration that he is still in service with the direction to allow him to continue in service in his post with all benefits, amounting to a mandatory injunction was not sustainable in law in view of the provisions of Section 21 (a), (b) rea......aration that he is still in service with the direction to allow him to continue in service in his post with all benefits, amounting to a mandatory injunction was not sustainable in law in view of the provisions of Section 21 (a), (b) read with Section 56(f) and Section 42 of the Specific Relief Act...Category: Employment/Service Law | Date: | Hits: 95
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......ic penal section has been prescribed. We also do not find any specific section in the Penal Code prescribing punishment for assembly of miscreants numbering upto four for committing although specific provisions for punishment for assembly and preparation for committing dacoity have been provided in ..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......the relevant court within 4(four) months declaration that the decree is void, hence service of notice before the institution of the suit was curable and that in paragraph 8 of the Waqf deed there are provisions for stay over the suit property even permanently by the successor of the Waqf and in that..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......ant Inspector of the DAB who received the case records from his predecessor. On obtaining proper sanction the appropriate authority, he submitted charge against the accused persons under the relevant provisions of law. 32. P.W.12 SI Md. Nurul Islam is just a formal witness who filled in the FIR f..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....in the copying department for issuance of certified copies, the possibility of creating those statements by forgery at a subsequent time can not be ruled out. Mr. Abdul Malek has submitted that it is mandatory that such statements which come within meaning of the word “document” used in section ......er section 161 of the Code of Criminal Procedure by an officer other than the Investigating Officer can not be used by the prosecution in evidence and should be expunged. The law point is whether the provisions of section 205C is a bar for using those documents in evidence at the time of trial which..Category: Criminal Law | Date: | Hits: 45
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......o be penalised at Taka 50,000.00 under section 55(3) of the Marine Fisheries Ordinance, 1983, has been done without any lawful authority inasmuch, the said rule not providing for any consequence, the provisions of section 55(3) of the Ordinance is a directing one. The learned Counsel further provide..Category: Civil Law | Date: | Hits: 115
....the plaintiff any cause of action or locus standi to file the suit?
3. Is the lease of the suit land in favour of the defendant No.6 null and void?
4. Is the plaintiff entitled to a decree for mandatory injunction directing the defendant Nos. 1-5(ka) to restore and keep the suit land as car p......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
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Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......more than 24 years old, Liton Chandra Das is 22 years old and the youngest daughter Lipi Rani Das is now 20 years old. 18. In the light of my findings and discussions made above and in view of the provisions of section 2(d) of the Children Marriage Restraint Act, 1929 Lilu Rani Das and Liton Chan..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......ore cautioned the execution Court not to go behind the decree. So, this submission fails. 6. Then, Mr. Rahman submits in opposing execution by removal of structures kuchcha or pucca in view of the provisions of Order XXI rule 35(3) of the Code. He also cites the decisions in the case of Md. Islam..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......n section 6(2), the said Artha Rin Adalat Act in this regard. But by the impugned order the said ex parte judgment and decree dated 16-3-93 was set aside on the ground that the Court, in terms of the provisions of section 151 CPC is competent to set aside the ex parte decree and accept the written s..Category: Civil Law | Date: | Hits: 93
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