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Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ...... an opportunity to the tenant to vacate the premises without resorting to any litigation and it is only when he refused to vacate the same, he can be evicted through the due process of law. It is the duty of the Court to put a liberal construction in order that the notice to quit is not defeated by ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ......mported by opening back to back letter of Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submit­ted with the authority and released ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......cedure and the nearest competent civil Court shall be deemed to be the Court which passed the decree and all provisions of the Code of Civil Court in matters of execution of the decree shall apply. A duty is, therefore, cast upon the trial Court to recover the fine imposed upon an accused by the Cri..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......ppellate Division of the Su­preme Court of Bangladesh in the decision of the case of Chairman, Bangladesh Steel Mills Vs. Md. Massood Reza reported in 30 DLR (SC) 169 held that it is no doubt the duty of an agent to conduct the business of his princi­pal according to the direction given by the..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....e concerned persons who failed to uphold the Constitution in its real spirit, should be identified, penalised and be thrown in the gutter, so that the others may learn their lessons from the reckless excesses of their unconscientious and debase predecessors. 43. In this case, the contesting res......rliament take oath before entering their respective offices. A member of Parliament takes oath or affirm that he will faithfully discharge his duties according to law. Besides, Article 21 (1) casts a duty upon every citizen to observe the Constitution and the laws of the land. This oath or affirmati..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......nce? 32. In Mahbubur Rahman Khan alias Tipu Vs. State, 16 BLD (AD) 268, accused Mahbubur Rahman was caught by the public on chase in course of committing robbery. A police offi­cer on mobile duty, on getting information about the incident, went to the scene and seized a firearm from his pos..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......ntiff has done his part as per the agree­ment and is also willing to repay the balance consideration money with a view to getting the sale deed registered. In such circum­stances the defendant is duty-bound to per­form his part as per section 12 of the Specific Relief Act. What is required of..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ...... cause notice on 29.9.1997 for her ab­sence from the College and she gave reply to the same. Thereafter another show cause no­tice was issued to her on 18.2.1998 for her absence and negligence to duty and the same was sent to her by post on her refusal to re­ceive the same which was returned ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......on erred in law in finding that 'co-exclusivity' clause tended to monopoly which is not permitted by the Bangladesh Telecommuni­cation Act, 2001 as under section 34 thereof the Government is obliged/duty bound to discharge any obligation entrusted upon it by International agreement regarding Tele­..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ......‑8‑1997 and himself took up investigation of the case. He rushed to Terakhada Upazila Health Complex taking constable Faruque Hossain with him, where in presence of the witnesses and the nurse on duty made inquest of the dead body of the deceased as identified by P.W.9, the father of the decease..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ......d. If this is not so, the Court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity. Fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to assess the worth of necess..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....well as the notifications and circulars of the University Grants Commission, hereinafter referred as UGC, that the UGC by a circular dated 28.5.03 declared that there should be no ap­pointment in excess of the budget of the Uni­versity and in appointing its teachers, officers and employees the......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......rd. In appreciating the evidence of a prosecution witness the approach must be whether the evidence of a witness carries a ring of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinise the evidence more carefully keeping in view the deficiency, drawback, infirmity, ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......Dhanmondi Traffic Zone, DMP, Dhaka lodged a first information report with Mirpur Police Station on 4‑6‑1993 alleging, inter alia, that on that date it about 9‑15 AM while he was discharging his duty near Mirpur 10 No. Goal Chakkar he came to know that an accident took place at Mirpur bus stand..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ......dvantage of section 5 of the Limitation Act must satisfy the Court that it had not been negligent and had been prosecuting its case with due diligence and care. The petitioner is under a strict legal duty to furnish a reasonable explanation and to show sufficient cause for condonation of inordinate ..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....gum Vs. Chairman, Court of Settlement and another reported in 46 DLR (AD) 9 in support of his submission that so long as the Court of Settle­ment acts within its jurisdiction and does not commit any excess of jurisdiction, the High Court Division will not interfere therewith, on the ground of mere ......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ...... are committed social workers and political activists for bringing social, economical and political justice to the people. It appears that the Petitioners filed this application out of their sense of duty as mandated by Article 21(1) of the Constitution of the People's Republic of Bangladesh. It..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......blished pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to justice and to the Courts of law, it is the Constitutional duty of this Court to protect such right by ensuring uninterrupted functioning of this Court. Lawy..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... 62 where Dixit, J. spelt out the objective of such a protection regime thus in paragraph 3, at page 64: "Now, in considering both S.46 and S.10 it has got to be remembered that the primary duty of the Court is towards the public and the maintenance of the purity of the register. When a ca..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187