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....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
...... the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......mation the Anti- Corruption Department may have received against the petitioner. It has merely referred to file No.3/Dar/92. Therefore the information asked for the purpose of inquiry was of a roving nature and was merely fishing for information. If we are to believe that the inquiry was in response..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ...... their gross inefficiency and lacking of judicial mind which caused a serious failure of justice to the petitioner. 8. Having regard to the backdrop of the case of the plaintiff petitioner and the nature of orders passed by the Court below I find substance in the argument of the learned Advocate ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......, presence of a dead male body of 32 weeks size with its cord and placenta in the uterus. In his opinion, death was due to asphyxia as a result of strangulation which was ante mortem and homicidal in nature. In cross-examination he stated that he found marks of injury by the right and front side of ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others………......s. Shyam Sunder AIR 1952 (Cal) 691. 13. Before entering into the question whether the plaintiffs’ offer to purchase the disputed property was accepted or not, it may be considered what is the nature of the earnest money (2% of the value of the offer made by the plaintiffs) which the defendan..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......d by the petition near along with his associates it would prima facie appear to be an act against a specific individual, involving infraction of law and order only. The act in question was similar in nature and quality of other such acts committed by one or more individuals against another resulting..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......ions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ...... Tapan Chandra Datta prayed for custody of his daughter on the ground that she is minor and since his prayer was not allowed till today, he moved this writ petition before this Court in habeas corpus nature. The detenu is kept in custody with regard to Islampur P.S. Case No.5(4) 97 corresponding to ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....e occurrence and the other witnesses examined did not support the prosecution case at all. He further submits that the confessional statements of other a appellants excepting Bimal Chandra are wholly exculpatory in nature and, as such, those cannot be relied upon. 6. The learned Advocate for the ......nd they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......d the other witnesses examined did not support the prosecution case at all. He further submits that the confessional statements of other a appellants excepting Bimal Chandra are wholly exculpatory in nature and, as such, those cannot be relied upon. 6. The learned Advocate for the accused appella..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......gned judgment of the said Adalat we find that the refusal to take cognizance has been based solely on consideration of the allegedly victim girl’s affidavit and medical certificate which are in the nature of defence of the petitioners at the trial. No finding has been given by the said Adalat that..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......8) 15. ...... required for that purpose now. Hence, the objection raised in the facts of the case is merely technical and does not touch upon the genuineness of the requirement, which is obviously of an immediate nature. 5. It appears from the proceedings of the LA case No. 18 of 1995-96 that the Additional ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
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. ......………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public policy and so on. 2. Yet, the facts and issues of the case are simple, but unique in nature. The respondent British Airways PLC of Heathrow Airport, London is a worldwide Airline compan..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.
......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.
......No.1 stated that it was a registered charitable organisations. An organisation is an association or body constituted with several persons and not by a lone individual. Petitioner did not question the nature and constitution of the said organisation. So the authorities below were not required to find..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ...... the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ...... Judgment or sentence is by way of review. Regulation 3(5) provides that they attain finality only upon review. A Judgment, sentence or order of a Martial Law Court is, therefore, merely tentative in nature so long it is not reviewed and an accused cannot be said to have derived any vested right fro..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......y be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......be convicted of abetting a certain offence when the person alleged to have committed that offence in consequence of the abetment has been acquitted. The question of the abettor's guilt depends on the nature of the act abetted and the manner in which the abetment was made. The offence of abettor has ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....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.
......se is also Reported in: 26 BLD (HCD) (2007) 105.
......because jurisdiction goes at the root. In a case reported in 6 D.L.R.473 in which Mr. Pal was a party, it has been held that section 30 of the Arbitration Act contemplates misconduct of both the nature which makes the award invalid to be set aside under that section as well as misconduct which ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......e will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......nts opposite parties denied the tenancy under the plaintiffs and alleged that the LTI in the said exhibits 1 and 2 have been taken by practicing fraud as Serajuddin was illiterate and a man of simple nature. Be that as it may, the report of the hand writing expert was accepted without any objection ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......nd down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......him when he is in a position to repay the amounts as held by Amir Ali on the authority of "Fatawa‑i‑Alamgiri" and Radd-ul-Muhtar, alluded to earlier. It is thus difficult to say that it is in the nature of an ex gracia payment which cannot be claimed for a period of time.” With regard to pa..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. .................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 1994 (11) BLT SC (AD) 23; MAC Proprietor, Mahtabuddin Chowdhury and......ure are applicable in the proceeding". 9. Finally, in the case of Sultan Alam @ SA Badal Vs. Rupali Bank reported in 46 DLR 292 this Bench after considering the provisions of the Act held that the nature and function of Artha Rin Adalat coupled with its power and authority clearly indicate that i..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......ed in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......the same homestead) Morium did not return home on that night and at 7‑00 AM on the next morning (Monday), Parul Akhter (P.W.4), daughter‑in‑law of mess. P.W.1, while going to answer the call of nature, saw the dead body of Morium in a ditch to the south‑east of their house and raised a hue a..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......ip;…Opposite Parties Judgment May 17, 1994. Result: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal...... the basis of purchase of gift but that it is a case of original co‑ownership and the plaintiff of Title Suit No. 19 of 1986 is admittedly in joint possession of the suit property and, as such, the nature of the present case is quite different from the case referred to above. In this connection, M..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ...... if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......" x bone on the dorsal aspect of the right wring finger. 14. In his opinion the death was due to shock and haemorrhage resulting from the above injuries, which were ante‑mortem and homicidal in nature. In cross‑examination P.W.8 states that the victim was in a position to speak for a period ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
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