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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....ions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......392 it was observed, sentencing involves an element of guessing, but often settles down to practice obtaining in a particular Court with inevitable differences arising in the context of the times and events in the light of social imperatives. "It is always a matter of judicial di...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: ......iling a supplementary affidavit the petitioner brought certain other facts to the notice of this court. Therein it is alleged that in respect of carrying passengers the respondent authority many a time expresses non availability of seats/tickets, whereas practically sufficient seats are found va...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....ts. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......uld not be considered. 5. As per provision of Article 158 of the Limitation Act, as when provision of Limitation Act apply in special law it is to be treated as mandatory and in no imagination the time limit prescribed i.e. 30 days cannot be extended following the exempted provisions of law of li......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Akkas Ali Sarder…………...........Petitioner Vs. State……………………..Opposite-Party Judgment March 4, 2012. Result: The Rule is ......n refusal, the accused petitioner No.1 passed order to kill him and he himself gave a dao blow aiming at his head and on resistance his anamica finger of the left hand sustained cut injury. At that time Razzaque Fakir appeared there and while tried to interfere, he was also assaulted by the accuse......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....he Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......t Nos.3 to 5/7 also contested that case by filing joint written objection contending, inter-alia, that whether the opposite party No.1 had any debt or liability that was known to the bank, but at the time of scrutiny of the nomination paper, the bank did not raise any objection to that effect. That ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
.... facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ...... but did not adduce any evidence in their defence. 5. The defence case, apparent from the trend of cross-examination of the prosecution witnesses, was that no such occurrence took place at the time, in the manner and at the place of occurrence as alleged by the prosecution and the victim wa......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......lice, accused Saiful Azam fired a gun shot at the chest of victim Harun with his own firearm, and as a result, Harun fell down on the ground. The other accused persons made blank shots from their firearms. The informant party raised hue and cry, then the people of the neighbouring houses came to the..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
.... Division (Criminal Miscellaneous Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Nobendu Das alias Ronju…………………Petitioner Vs. The State…………………....................Opposite Party Judgment February 29, 2012. ......ine witnesses including the Informant, Investigating Officer, Victim and the Doctor who examined her immediately after the occurrence. Of them P.W.5 Sanjoy Kumar Das, the informant stated that at the time of occurrence he was at his house. He heard about the occurrence firstly from his friend Shahin......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....n these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......l the machineries of the insured company thoroughly and finding all those in good condition entered into the contract. Mr. Islam has submitted further that the insurance policies were renewed several times and every time before such renewal the insurance company caused inspection and examination of ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur Rahman, Advocate—For the Petitioner. Ziaul Hasan, Advocate—For the Respondent No.3. Md. Moz......has got his large volume of import business with India and Nepal and has been doing it with the help and co-operation of different commercial bank including respondent No.4 Bank for quite a long time. On the prayer of the petitioner respondent No.4 and his other officer with the approval of the......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ndents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....uman Rights and Peace for Bangladesh (HRPB) and
others................ Petitioner.
Vs.
Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat,
P.S. Shahbag, Dhaka, Bangladesh and others………......
Respondents.
Judgment
F......
authorities can not obstruct this right. Rather it is the duty of the
government to give full support for arranging better treatment in the
government hospitals. The user fees are being increased time to time. Not only
that, after collecting the user fees from the patients, the hospital authori......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......appellant bank submits that admittedly the respondent as importer opened L/C to import certain goods to the tune of Taka 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defen......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....t any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......eport that in Writ Petition No. 491 of 2007 the High Court Division passed an order on 22.01.2007 staying operation of the CIB report initially for a period of 3 months and subsequently extended from time to time and the extension was valid till 25.12.2008. Respondent No.8 has further stated that th......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....
(Special Original Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgmen......alid until 10-11-2011 as part of the said licences within the meaning of section 90 (3)(Ka) of the Telecom Act. Through such revalidation and amendments, licence fees and other charges were increased time to time. During above period, the Government and the BTRC assigned the following spectrums in f......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
.... Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......ctured and marketed by the petitioner and the continuous use of the Trade mark "FRAN FROOTO" from the date of launching and due to vigorous sales promotion measure undertaken by the petitioner from time to time, the said Trade mark "PRAN FROOTO" on label acquired distinctive status in the class of......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ...... proviso if an appeal or application for review is filed to a higher administrative authority and if such authority passes an order on such appeal or application for review after a long lapse of time then the case before the Administrative Tribunal can be filed beyond 8 months from the date of ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....nsure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......romise to the detriment of the interest of her minor children namely plaintiff Nos. 2-4 without taking any guardianship certificate of her minor children under the Guardian and Words Act. At the time of alleged compromise the defendant Nos. 2-4 of Title Suit No. 168 of 1991 were minors despite ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....iction)
Present:
AHM Shamsuddin Choudhury J
Jahangir Hossain J
Human Rights and Peace for Bangladesh (HRPB)....................Petitioner
Vs.
The Mayor, Dhaka City Corporation, City Corporation Bhaban,
Ramna, Dhaka, Bangladesh and others.......Respondents
Judgment...... hence, always necessary to
keep traffic moving at the Karwanbazar area, which is being jeopardized by the
unholy move to turn the car park into shops.
7. The respondents are duty bound at all time to serve the
people and to perform public duties. The respondents are liable for their
neglig......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....visional Jurisdiction) Present: Md. Emdadul Huq J Mohamad Ullah J Abdur Razzak……………………..Accused-Petitioner Vs. State………………………Opposite party Judgm......11/1947 Charge is framed accordingly". The language used in the Order particularly the expression "it is found that" is neither proper nor speaking. It is improper, in that at the time of framing charge the trial Court cannot record its finding about commission of an offence......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
.... in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......impugned order dated 3.5.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.5, Dhaka in Nari-o-Shishu Case No.98 of 2004 is hereby maintained. The order of stay dated 26.1.2006 passed at the time of admission of this appeal is vacated. The Tribunal concerned is directed to proceed with the ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
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