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Displaying 281-300 of 772 results.
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.... Privy Council's decision in the case of Tai Hing Cotton Mills Ltd. Vs. Liuchong Bank Ltd. (1985 2 All ER 947), in which case the Judicial Committee of the Privy Council, basing their decision on the fundamental premises that a cheque without customer's signature is not the customer's cheque at all,......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....accused to appear beÂfore the Court before taking up the trial." It was furÂther observed: "Thus not only the provision of section 27 (6) of the Special Powers Act has been violated but also the fundamental principles of natural justice has been ignored in holding the trial and in passing the o......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
.... under Articles 226 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative of the fundamental basic principle of justice and fair play or where a patent or flagrant error in procedur......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
.... of amendÂment may be enjoyed and, as such, it should always be liberally exercised. The only limitation in allowing an amendment of the plaint is that the proposed amendÂment should not change the fundamental character and nature of the suit. The setÂtled law is that amendment of pleadings may b......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....d not stand proved. Decision recorded by Court of appeal can be said to be well reasoned, well founded and well grounded. No exception can be taken to those decisions. 31. This takes me to another fundamental facet of the case. It had been asserted from the side of Plaintiffs-Petitioners that Sha....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....rther submits that on the basis of this Export Registration Certificate, the petitioners had been running their business and thereby they have been earning their livelihood. Since right to trade is a fundamental right and since no show cause notice was given before cancellation of the Export Registr......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
.... interview and allocating 25 marks out of 100 marks for the interview keeping 18 marks as pass mark paved the way for arbitrary action on the part of the promotion committee and thus violative of the fundamental rights guaranteed under Articles 27 and 29 of the Constitution. Petitioner alleged that ......rom doing so under the doctrine of waiver, acquiescence and estoppel. Merely because he was not selected he cannot challenge the promotion of respondents as promotion cannot be claimed as a matter of right. Seniority is not the only criteria for promotion and as such there was no violation of any fu..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....pon the recommendation of the Public Service Commission they have acted illegally in violation of Rule 4(3)(b) of the Bangladesh Civil Service Recruitment Rules, 1981 and denied the petitioner of his fundamental right of equality of opportunity, in the service of the Republic as enshrined in Article......sing a clean record, his loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right. We have already observed that ‘Shibir’ is not banned in this country and it is allowed to..Category: Employment/Service Law | Date: | Hits: 194
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....sal of the Rule Nisi are as follows:- Petitioner No.1 Bangladesh Legal Aid and SerÂvices Trust (BLAST) is a legal aid and human rights organization committed to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constituti......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....sation of Criminal justice; and c. Whether the convicts can be liberatÂed of the charge staged against them on bestowing a Ruling of acquittal on finding them not guilty of the charge. 43. The fundamental and basic presumpÂtion in the administration of Criminal law and justice delivery syste......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.... five acres of hilly land, four acres of mixed lands, and 2.5 acres of paddy land for each newly settled Bengali family." 25. It is apparent from the above that politÂical activism in the CHT has fundamentally to do with the absence of express safeguards of tribal rights and interests in the Con......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....¦â€¦Appellant Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery s......onable true, even though in reality it may not be true, it reacts upon the entire prosÂecution case and the accused becomes entiÂtled to benefit of doubt not as a matter or grace but as a matter of right. 36. It is well settled that the Court is to examine the entire evidence carefully and must..Category: Criminal Law | Date: | Hits: 108
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....ority to do so and further contends that the said statements were prepared at the behest of the petiÂtioner to serve their own purpose. 18. Elaborating his submission, Mr. Kamal contends that the fundamental basis of winding up of the company is insolvency, but in the instant case, it is far fro......opy of this order be forÂwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....n is so excluded, Civil Courts have jurisdiction to examine the cases as to whether the provisions of an Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 5. However it appears from the application for reje......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ..Category: Trust/Waqf Law | Date: | Hits: 131
....two P. & I. clubs have in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to assume a role that is blatantly disÂcordant with their fundamental character and functions. In this regard, and by reference to the House of Lords decision......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....the continued restraint of Fazlu alias Hafiz alias Hafizur Rahman alias Happy in bar fetters should not be declared to be without lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
....ontrol Act 1990 in the homeopathic drug manufacturing overlapping the Drugs Act, 1940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra vires of the Constitution and also offends the fundamental right of the petitioner guaranteed under the Constitution.
2. While issuing the Rule,......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
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Category: Others | Date: | Hits: 341
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....onstituted under section 10 and section 11 provides that the Advisory Board may within 170 days recommend for further detention or for release of the detenu. Preventive detention which takes away the fundamental right of a citizen or a person of free movement should be exercised strictly in accordan......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....desh Muktijuddha Sangsad, Bagerhat District Unit Commander, at the cost of others, including the petitioner, who have a right to submit their bids for lease of the said canal toll stations which is a fundamental right, to conduct their lawful trade guaranteed under Article 40 of the Constitution and......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....espondent No.1. He further submits that in the instant case he is praying for enforcement of Articles 27 and 29 of the Constitution in favour of the petitioner. Since he is praying for enforcement of fundamental right and since he is, in fact, praying for directing the respondent No.2, National Boar......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
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