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State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......s signature therein as Exhibit 6-6/1. 27 PW 19 SI Md. Saidur Rahman was attached to the lshwarganj police station at the relevant time. This witness deposed that he having been assigned with the duty of investigation investigated into the case and after having recorded the statement of the witn..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... consistently held. In the case of Sheela Barse and another Vs. The Union of India and others reported in AIR, 1986(SC) 1777 it has been held that: “If a child is a national asset, it is the duty of the State to look after the child with a view to ensuring full development of its personalit..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......ted Property Authority which is sufficient to indicate that the appellant had no hand in the eviction of the occupier or the delivery of the property to the contempt petitioner. The appellant’s duty was only to pass order releasing the property from the list which has been taken on 29-6-2000 t..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......cerned. "No one can be condemned unheard, is one of the settled principles of law, and such a principle will be read into the relevant law, unless its application is excluded by express words. A duty is cast on every Administrative Tribunal to act with due regard to the principles of natural ju..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......from apparent harshness of treatment resulting in some injury and undeserved hardship to an individual. Revisional Jurisdiction of High Court division is in its real purpose, not merely a power but a duty which is to be exercised in aid of justice. High Court Division may exercise Revisional jurisdi..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ...... 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. …………&hellip..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ...... Arshad Hossain, has stated that on 29-12-1996 he was the Indoor Medical Officer of Comilla Medical College Hospital. The witness has stated that in the evening of 29-12-1996 at about 6.00, he was on duty in female Surgical Ward and at that time patient of bed No.17, by name Taslima Akhter called hi..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......they found that medical certificates showing injuries on Luna Dey alias Runa were false and on the alleged date of occurrence the medical officer respondent No.1 who issued the certificate was not on duty rather Dr. Sharfaraj Khan Chowdhury was on duty and that Luna Prava Dey was never admitted in t..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......d submitted that the said Order does not contain any provision that in a matter of this kind the concerned Ministry has any power to issue a direction to the said Board or that the said Board has a duty or obligation under the law to carry it out. 6. Mr. SS Halder, learned Advocate for wri..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....erally without regard to subsequent developments is a high fear of arbitrariness which rightly attracts the writ jurisdiction. 7. Aminul Haque next submits that the High Court Division acted in excess of jurisdiction in awarding a high cost of Taka 10,000.00 to the respondent. 8. In view......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....cision after the exercise saddles the defendant with an added liability which even the plaintiffs did not claim in the suit, the exercise is without jurisdiction and assumes the character of judicial excess. (2) That the learned Judges of the High Court Division have no authority and jurisdicti......ত, ষষ্ঠ মুদ্রণ জৈষ্ঠ, ১৩৮৭, আগষ্ট ১৯৮০) 241. For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous. Quran (The Glorious Qur’an—Translation and commentary by Abd..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......ase of HM Ershad Vs. State reported in 45 DLR 433 it was held that consideration of the statements made under section 161 CrPC while framing charge or otherwise is the necessary part of the Court’s duty. Trial Court has the wide power under the law regarding framing of charge. This can not be inte..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ....... This fact was admitted by P.W.1 Luful Karim son of Charag Ali when he was confronted with those kabalas. When the plaintiffs assert that the impugned kabalas were forged by impersonation it was the duty of the plaintiffs to take steps to prove that the thumb impressions as contained in the impug&s..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ...... Public policy or the policy of the law is an illusive concept; it has been described as “untrustworthy guide”, “variable quality”, “uncertain one” “unruly horse”, etc.; the primary duty of a Court of Law is to enforce a promise which the parties have made and to uphold the sancti..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
...... of both oral and documentary evidence found that the petitioner was an employee from 1‑3‑82 to 31‑1‑86 of the respondent No.1 under a contract of service on monthly salary basis and her main duty was to produced artistic works or designs and she produced the disputed designs during the cour..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....r made an application to the respondent No.1 on 13‑5‑1984 for amalgamating the Ward Nos.68, 70 and 71 of the Dhaka Municipal Corporation with his office as those were contiguous to his office and excess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......ticle 18(1) of the Constitution State is bound to take measures to raise the level of nutrition and improvement of public health and under Article 21 (2) persons in the service of the Republic have a duty to strive to serve the people. But activities of the Government officers and officers of the At..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......andoned property is void, illegal and without jurisdiction. 8. The Respondent No.1 Ministry of Works contested the Rule by filing an affidavit-in‑opposition claiming that the case property was duty included in the 'Kha' list and a notice was issued by the Ministry of Works by Memo No. See 5/I..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
...... making the same a rule of the court and he can enter into that arena of law even if no objection is taken by any one of the parties before him. We posed a question to Mr. Pal as to whether it is the duty of the court to consider the legal aspect of the case. Mr. Pal did not give any direct rep..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
.... MT, the petitioner states. 3. On 3.4.93 the petitioner filed an application under sections 27 and 33 of the Customs Act, 1969 to the Assistant Collector(bond) for refund of Taka 29,666.14 paid in excess of the import duty, VAT and licence fee as it did lift the entire 978.16 MT imported. On rece...... delivered from the bonded ware‑house. The petitioner further states that it took delivery of 864 MT of Methanol and there remained balance 133,16 MT. The petitioner paid Taka 1,09,470.00 as import duty, VAT and licence fee to the Bangladesh Bank for the Methanol. There was short supply of 6.775 M..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
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