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Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
.... public authorities and therefore, the judiciary is intended to be included within the term Government. In the case reported in AIR 1967 Kerala 259 for the meaning of the term ‘state’ as found in Indian Constitution it was observed: ‘why expressly mention only two organs and omit the other, wh..Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....and others……………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; ..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....e of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner ..Category: Constitutional Law | Date: | Hits: 421
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....paper was rejected, it was contended before the Supreme Court whether the defect on the ground of which the Returning officer rejected the nomination paper was of substantial character or not. The Indian Supreme Court held as follows: “The main dispute in the High Court on the question whe..Category: Election Law | Date: | Hits: 211
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....d that it is neither defined in the Constitution nor in the President’s Order 155 of 72. The definitive clause of our Constitution, Article 152, does not define vacancy. In his quest he checked the Indian Constitution also but he submits no definition of vacancy of a seat could be found there. Acc..Category: Election Law | Date: | Hits: 162
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....the share‑holders and it was a public limited company. In the aforesaid decision in paragraphs 79 to 93 his Lordship SM Mohsen Ali, J. has considered this aspect in details relying upon English and Indian decisions. His Lordship, after considering this aspect, has observed as follows: "On a ca..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
.... Union of India reported in AIR 1997 (SC) 1125. 13. Prior to this case it was decided in the case of Sampath Kunzar Vs. Union of India AIR 1987 (SC) 386 that Articles 323A and 323B inserted in the Indian Constitution by 42nd Amendment, enabled the Indian Parliament to establish under Administrati..Category: Administrative Law | Date: | Hits: 326
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... second place, it should be distinguished from "civil" and "criminal" proceedings of which several of our statutory enactments speak." After considering various observations made by various judges of Indian and Pakistani High Courts the learned author came to the conclusion that writ jurisdiction is..Category: Constitutional Law | Date: | Hits: 344
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....that the petition shall be dismissed if such a party is not joined/the provisions of the Code of Civil Procedure cannot be used as curative means to save the Election Petition. In that case under the Indian Election Rules some persons were to be made parties but in the Election petition those person..Category: Election Law | Date: | Hits: 247
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....nt January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122; Tamijur Rahman Vs. Md. Altafur Rahman, 21 DLR 977; Har Bhaj and another Vs. Barf..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....shment for want of legal evidence. 43. In the case of Vasant Laxman More Vs. State of Maharastra, reported in AIR 1974 (SC) 1697 referred to by the learned Advocate for the condemned prisoner, the Indian Supreme Court held as under: "The provocation not being grave enough to justify the killin..Category: Criminal Law | Date: | Hits: 118
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....al is now pending. So the principle of law enunciated in the judgment of this Court passed in that Writ Petition has no manner of application in the present case. He further urges that the cases of Indian jurisdiction referred by the learned Advocate for the petitioner in support of his contention..Category: Criminal Law | Date: | Hits: 230
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h the sub-Articles of Article 102 of our Constitution. In fact, in addition to the ratio in the case of ‘Panel of Take-Over’, plentitude of authorities, cited below, are there from our as well as Indian jurisdiction to lend support to this view. 84. In the case of Zakir Hossain Vs. Bangladesh..Category: Property Law | Date: | Hits: 159
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....on of the impugned proceeding clearly amounts to an abuse of the process of the Court and it is liable to be quashed. He further submits that in long series of decisions of our country as well as the Indian jurisdiction it has been consistently held that if the FIR and charge sheet did not disclose ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....was introduced by the impugned Act in the Constitution to have a free, fair and independent election which was a sine qua non for the democracy. In this connection, he also mentioned that even in the Indian Constitution there is also a system of caretaker government which runs the government during ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... but allowed for 3 days only and in the night he was kept at Ramna Police Station. On 1‑4‑1990 he was interrogated and in the course of interrogation the name of one Mr. Bhola, a retired Major of Indian Army revealed to be the main hero of the International Traffickers/Smugglers of Narcotics who..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....rities have been cited from the Bar and we are not inclined to embark upon a detailed discussion of each of those numerous decisions, but would however like to cite a passage from a decision of the Indian Supreme Court in the case of State of Bihar Vs. Ram Naresh Pandey, AIR 1957 (SC) 389. In this..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....llows such scope. It says that it is deed of mortgage, if it is, as it is, it is not conceivable how the document can escape from being stamped under other than clause (b). 20. K. Krishnamartby in Indian Stamp Act, fourth edition, cites a decision of the Madras Revenue Authorities and observed in..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ental right is invoked, question of alternative remedy becomes a matter of discretion only because unlike Article 102 (2), Article 102 (1) does not speak of efficacious alternative remedy. 29. The Indian Supreme Court in State of Hariana Vs. Bhajan Lal, (AIR 1992 SC 604), inflexibly discarding th..Category: Criminal Law | Date: | Hits: 133
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....hort is that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in re..Category: Procedural Law | Date: | Hits: 74