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Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......enty days from the date of occurrence and this casts a serious doubt about the creditability of the prosecution story. He next submits that the learned tribunal has not properly complied with the provisions of 342 of the Code of Criminal Procedure in, as much as, attention of the convict-appella..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ision whether the allegations made in the complaint constitute any criminal offence particularly any offence under sections 482 and 483 of the Penal Code, it would be better to reproduce the relevant provisions of laws and arrive at a decision thereon. The charge has been framed under sections 482 a..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......harer's possession stated above, the possession of the absentee co-sharer's undivided sharer of the land by the appellant and his co-sharers cannot be said to be unlawful and consequently the provisions of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......oniruzzaman, learned Deputy Attorney General assailed the judgment of the High Court Division and submitted that the imported machineries are contraband items and liable to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for relea..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
.... Memo was issued creating as many as 26 temporary shops and thereby issuance of allotment letter to different hawkers is the deviation from original plan of New Super Market and violation of the mandatory provision of Rule 19 of the Dhaka City Building Construction Rule, 2007." 7. Ref......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......ile Section 4(খ) empowers it to ascertain the curriculum and syllabus for each of its department and Institute. He further submits that since the aforesaid powers are to be exercised subject to the provisions laid down in this Act of 2001 and the UGC Order, 2973, the PSTU, accordingly, has exercis..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......egistered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before c..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....icular Court with inevitable differences arising in the context of the times and events in the light of social imperatives. "It is always a matter of judicial discretion subject to any mandatory minimum prescribed by law......In judging the adequacy of a sentence the nature of th...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......ordinary general meeting of the petitioner company DULAL BROTHER LIMITED the object clause No....................... of the memorandum of association is proposed to be amended to include a further provisions as object sub-clause No.35A and 35B to the following extent; “35A & 35B: To..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....TM Syndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provision is mandatory not directory. Any appeal or objection challenging the award if filed after the period of ......n Act, as when provision of Limitation Act apply in special law it is to be treated as mandatory and in no imagination the time limit prescribed i.e. 30 days cannot be extended following the exempted provisions of law of limitation. In this Subcontinent all the Courts speaks Arbitration Act is speci..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......(Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitation Act is a general law and it has very clearly provided in its section 29(2) that certain provisions of this Act contained in its section 14 and also in sections 4, 9-13, 15-18 and 22 will b..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......dge of the Tribunal found the petitioner guilty of offence under section 10 (2) of the Ain, which provides punishment for attempting to murder on demand of dowry. We have carefully examined all other provisions of the Nari-o-Shishu Nirjatan Damon (Bishesh Bidhan) Ain, 1995. Section 11 of the same pr..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
...... user fees from the patients in the hospital was not challenged
inadvertently. But such kinds of collection of user fees from the patients are
not covered by any law. Moreover it is contrary to the provisions of the
Constitution of Bangladesh. Hence it is liable to be declared illegal and
withou..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....f the provision laid down in the Act 4 of 1990 it appears that there is no bar upon the Court below in dealing with the matter relating to interest in any manner which however in the present Act is a mandatory one. In the case reported in 37 DLR (AD) 1. The Court held as follows; "From the......n dealing with the matter relating to interest in any manner which however in the present Act is a mandatory one. In the case reported in 37 DLR (AD) 1. The Court held as follows; "From the provisions of this section it appears that the Court has been empowered to grant interest form the d..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......m the day of submission of nomination paper any loan or an installment thereof taken by him from a bank or financial institution;”
38. In comparison with the latest amendment with the repealed provisions, it appears that in fact, there was drafting mistake in clause (m) to Article 12(1) of th..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....quot;, the Guideline sought to apply MCF in respect of the said assignment of 2008, which, according to them, is not only contrary to Clause-1 of the Assignment Letter but also is in violation of the mandatory provisions of sections 38 and 39 of the Telecom Act as it changes the terms and conditions......ement from it and after considering such written statement of the licencee regarding the proposed amendments. ...... (30)
Constitution of Bangladesh, 1972
Article 102
When by specific provisions under clause 9 of the Guideline the government and the BTRC exempted the application of t..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......Application No.118828 in Class No.32 violating the Trade mark No.31112 in the same Class No.32 of the respondent No.1 by way of unfair competition. The Petitioner filed this application referring the provisions of section 42 of the Trade mark Act 2009 alleging non-use of the registered trademark "FR..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ext and other clauses of the Act, as far as possible, to make a consistent enactment of the whole statute. To ascertain the meaning of a particular section of an Act recourse should be had to all the provisions of the Act and no section should be considered in isolation. 14. If the 3rd proviso ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......of death, the special reasons for such sentence". 8. The words "the special reasons for such sentence, in case of sentence of death" have not been incorporated in our amended provisions of section 367(5), with the result that while the conviction in respect of an offence pun..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....appeal for consideration is whether group of hospitals constitutes an 'industry'. The writ petition was ultimately allowed on the reasoning that the orders had not complied the mandatory provisions of law. On appeal from the said judgment it was raised that the definition of &......walli has no power even, with prior sanction of the Administrator to grant lease of any part of the waqf property in perpetuity. 7. Points raised require analytical consideration of certain provisions of the Waqfs Ordinance and other laws relevant for the disposal of the in matters. S..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
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