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Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... and the petitioners and other objectors were given opportunity of hearing before the prescribed authority in the Ministry when the respondent No.4 was present. Then the prescribed authority gave its decision for amendments and alterations and accordingly, the respondent No.4 made necessary amendmen..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......uction Act within seven days from the date of receipt of the notice. 18. As the petitioners failed to show any cause, the RAJUK was left with no other alternative but to cancel the sanction by its decision dated 21-06-99. The petitioner was accordingly informed of the decision by the letter dated..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ty Attorney-General "has tried to submit that the satisfaction of a person being a subjective concept and no mention of reasonableness being made in the statute itself, it does not appear to be the legislative intent that the satisfaction of the detaining authority should be the subject of judic......ss being made in the statute itself, it does not appear to be the legislative intent that the satisfaction of the detaining authority should be the subject of judicial review and has referred, to a decision from the Indian Jurisdiction in the case of Pushkar Mukharjee Vs. The State of West Bengal,..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......bdul Majid and Akitullah was conflicting, that whatever statements Abdul Majid made in that suit regarding setting aside of the auction sale would not be binding upon the defendant Akitullah, that no decision was given in that suit since the suit was dismissed for default and that since Wazuddin gif..Category: Property Law | Date: | Hits: 127
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......ntion of both above two accused will be illegal resulting that their statements under section 164 Cr.P.C. (Exhibits 8 and 9) were not true and voluntary. In such regard learned Advocate relies on the decision reported in [State vs. Sarowaruddin] 5 BLC 451. 12. Learned Advocate then refers to col..Category: Criminal Law | Date: | Hits: 42
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... execution proceeding was not without legal sanction and it was hardly of any substance if the repayment would cover a period exceeding 12 years from the date of original decree. In this connection a decision in the case of Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others reported in 34 CWN ..Category: Property Law | Date: | Hits: 91
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......omplainant and as a result, she got pregnant by the accused petitioner No.1. But later on, the accused petitioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the acc..Category: Criminal Law | Date: | Hits: 43
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......be very well present. According to him there is no scope to say that the continuation of the proceeding will be an abuse of the process of the court. In this regard the learned Advocate relies on the decision reported in AIR 1930 (Lahore) page 407 to support his contention. He submits that the Rule ..Category: Criminal Law | Date: | Hits: 42
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......ch, 1973 as work charge and his service was subsequently regularized in 1977. The Ministry of Finance fixed the pay scale and it was implemented on 9th January, 1983 but WASA did not implement the decision. Thereafter the Upper Division Assistants of Dhaka WASA made several representations to t..Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......tion or suspension of license and as such the action taken by the respondents having been in accordance with the provision of the aforesaid Act of 1974 and Rules 1975 and the respondents having taken decision of revoking the license of the plaintiff under Rule 6(1) of the Muslim Marriages and Divorc..Category: Civil Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......y Property on 23rd December, 1969. The respondent No.3 tried to establish that the exchanged deeds in question are forged, fraudulent and not binding upon the Government. While the matter was pending decision, the respondent No.1 proceeded with the acquisition of the said properly in favour of respo..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......Devi failed to prove her title and possession in the suit land and that the High Court Division misread and misconstrued Annexures-A and B to the revisional application and thereby arrived at a wrong decision occasioning failure of justice in discharging the Rule. The learned Advocate further submit..Category: Property Law | Date: | Hits: 93
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......parties in respect of the same subject matter and thus, unless the proceedings of the execution case are stayed, the very purpose for filing the suit will be frustrated. He further submits that the decision of the learned District Judge is not at all a speaking order and since it suffers from non ..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... laid down or by necessary implication in the repealing legislation. In the case of Mofizur Rahman Khan Vs. Government of Bangladesh 34 DLR (AD) 321 it has been held that parliament being the supreme legislative authority subject to the constitutional limitations under Article 65 has the plenary pow......n be tried under the P.O. 50 of 1972 after the repeal of the same on 09.02.1974 by the Special Powers Act, 1974 in view of the Section 6(e) of the General Clauses Act. The Supreme Court affirming the decision of the High Court Division held that the investigation started under a repealed law would n..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......gent explanation is not at all maintainable. She further submits that in due process the said company was nationalised in pursuance to the provisions of the said Order and that in accordance with the decision of the Government the winding up of the company was made on 5‑2‑1982 and the Official L..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... of both the words separately and thus the Registrar did not commit any illegality in registering the mark of the appellant with the word "Express" and, in support of his contention, he relies on the decision reported in 20 DLR 92. The learned Advocate further submits that it is clear from the mater..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......hose findings of facts arrived at by the Courts below. I do not find any illegality or irregularity committed by the Court of appeal below and there is no error of law resulting in an error in the decision occasioning failure of justice. In that view of the matter, the Rule is discharged witho..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....he element of mens rea or a blameworthy state of mind on the part of the actor. Before presumption as to mens rea is to be displaced, strict liability must be required to give practical effect to the legislative intention. Statutes which take away the rights of parties under the ordinary law, partic......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......shu Nirjatan Daman Bishes Adalat, 1995 was justified in convicting and sentencing accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995. Findings and decision: 10. In the face of the arguments advanced by the learned Advocates of the contending pa..Category: Criminal Law | Date: | Hits: 45