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Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....n for regulating the appointment and conditions of service of the members of the Police Force. The police officer has to maintain a close touch with the administration of the Republic, government, local authority and the public in order to establish a harmonious cooperation between the poli......heka pore nai Cout er flag salute deyar”. The said perpetration of reprehensible and horrendous audacity, by flouting, with an apparent sense of impunity, directions stemming from no lesser a body than the Supreme Court, as well as by the said vicious and insidious utterance, was bizarre to..Category: Criminal Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ...... and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ight of the provision of section 100 (now omitted) of the Code of Civil Procedure. The provision thereof was as follows: "100. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... vibrant and robust in keeping with the anticipated role in the coming years. It also encouraged the foreign investors to demonstrate their commitment to Bangladesh by forming joint ventures with the local companies and within the telecommunication sector and the Government will consider equity part......ely vis-a-vis the power of the Commission detailed in section 30 of the Act 2001, which powers are designed to realise the objects of the Act thereof. 78. Section 55(1) of Act 2001 provides that nobody shall without a licence establish, operate or use a radio apparatus for the purpose of radio co..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....conomic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks,......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....accused Moshfequr Rahman caught hold of the victim. On getting the information, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accuse......ng any person of the Cinema Hall or any other shopkeeper does not arise because there is no evidence that any of them saw the occurrence. The fact that there is no evidence as to who brought the dead body of Tutul from the Cinema Hall to the hospital is also of no consequence. The High Court Divisio..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....scated vessel and goods found therein to the respondent. 2. Messrs Amora Holding Inc., the respondent, filed writ petition No. 1515 of 1998 under Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respond...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ccurred to the victim in the night of October 29 and 30,1999, that having had that information the informant along with his other brothers went to the condemned prisoner's house and found the dead body of the victim on the cot covered by a 'chaddar', that on removing 'chaddar' PW 1 and his compa..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....e dead bodies and that Abdul Kader Mridha informed the matter to the Superintendent of Police who went to the place of occurrence on the following day and First Information Report was lodged with the local police station narrating the occurrence and accordingly, Bauphal PS Case No. 7 dated 22-9-1999......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....d a Hostel for the students of Madrasah; that the defendant Nos. 1-3 (petitioners and respondent Nos. 16-17 herein) have been trying to construct and start a cinema hall within the vicinity of the locality of the disputed plot and are trying to obtain a licence from the Deputy Commissioner. Kish......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....with Articles 9, 11, 59 and 60 of the Constitution and as such it is void in terms of Article 7(2) of the Constitution. Among other things, they alleged that Article 9 requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Par......rdinance No. 33 of 1983, which changed the names‑Thana and Thana Parishad as "Upazila and Upazila Parishad". Among other things, the, Ordinance (No. 59 of 1982) provided for constitution of a local body, Upazila Parishad, for each Upazila to consist of an elected Chairman, some representative memb..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......ction is, however, subject to the proviso that it does not apply in the case of a company where the lending of money is done in the ordinary course of its business. In the instant matter, it is no body's case that any financial assistance was given by or sought from the respondent Bank for the p..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....act, as contrary to law or the public good, no Court could or would treat that as contempt of Court." Lord Atkin observed: "And that in applying the law the Board will not lose sight of local conditions is made clear in the judgment in (1899) AC 549(4), where Lord Morris, after sayin......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... itself. 23. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the respondent‑University, submits, on the other hand, that the P&D Committee of the University was only a recommendatory body and it had no authority to enter into a contract with the appellant. Its deliberations are in t..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......given without authority and without taking any action against respondent No. 4 in spite of receipt of an allegation against him. He further submits that there can be no estoppel against a corporate body for acts done without authority. 11. The appellant has been denied mutation relying up..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....enge upon Pradip, Tara, who was a 'Mastan', collected a body of assailants and variously armed started from the workshop of Bakul and went in search of Pradip; he and his Party created havoc in the locality through which they Passed. At this the people of the locality subjected him to severe beat...... in whose case trial Court's finding was reversed, basis for reversal was a discrepancy between ocular evidence of the witnesses and the opinion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑fo..Category: Criminal Law | Date: | Hits: 93
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......n the service of Republic or of any statutory public authority." 5. "Statutory public authority", as defined in section 2(a) of the Act, means an authority, corporation or body specified in the Schedule to this Act. The Schedule included, among others, Rupali Bank. This ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....by law the Court is entitled to examine that question whether the defendant's plea is correct. 8. The appellant's contention that the defendant did not reside or carry on business within the local limits of the Court and that if the suit is allowed to proceed it would be contrary to the p......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....d PW 6 Nurerzzaman, Chawkider of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was administered first aid by two local doctors, Dr. Ranjit Kumar Majumder and Dr. Delwar but Safiuddin succumbed to the injuries at ......lose arrest on the same day. He absconded from his Unit on 5.12.78 and was arrested in a char of Lakshmipur on 17.3.79. 7. PW 9 Dr. Joynal Abedin who held post-mortem examination on the dead body of Safiuddin Chowdhury found as many as 9 gunshot injuries on his person and death in his opin..Category: Criminal Law | Date: | Hits: 61
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