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Displaying 4341-4360 of 7097 results.
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....o. Here, in the instant case no such reply was given. 7. Now, we have found that in the case reported in 46 DLR this Court clearly observed that the power given to an executive authority under the provisions of law should be exercised with limit of the power given by the law following all the pro...... 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (Annexure-A) shall not be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petit..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....take under section 151 of the CPC as it is evident from the order dated 14-7-84 that the proper information to the petitioners as to the arrival of the case record was not made in accordance with the provision of law and it was incumbent upon the trial Court to communicate to the petitioner as to th......ction 151 of the CPC as it is evident from the order dated 14-7-84 that the proper information to the petitioners as to the arrival of the case record was not made in accordance with the provision of law and it was incumbent upon the trial Court to communicate to the petitioner as to the arrival of ..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....l Marketing Company after obtaining registration of the trade mark Orsalin since 1983, started marketing the same since 1983 and the defendant-appellant, Universal Pharmaceutical Ltd. on the basis of provisional registration obtained on 5-8-93, started marketing and selling similar product with the ......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......ty by their activities and thereby making the life of the miserable. On this ground the detaining authority issued the detention order detaining the detenu for a period of 30 days for maintaining the law and order situation in the locality who is a terror in Kamrangirchar Police Station of the city ..Category: Criminal Law | Date: | Hits: 22
....Committee a teacher of a School can neither be dismissed nor removed from service, that in the absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as per provision of Regulations 11 and 12 has power to impose penalty in other case except removal or dismi......the writ-petitioner to join in his service. It has lastly been submitted that the Bangladesh Rifles School and College being not a local authority or that being not an Organization established by the law and as such the writ petition being not maintainable against the Bangladesh Rifles School and Co..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......and order dated 15.03.2004 directing the petitioner to reinstate the respondent in service with all arrear pay and benefit of seniority in service and other financial benefits as admissible under the law. 4. Being aggrieved by the judgment and order of the Administrative Tribunal the present peti..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......PW 3 Selim has not been corroborated by any independent witness. We have also mentioned that both the confessional statements marked Exhibits 2 and 3 are exculpatory. This is the settled principle of law that the confessional statements of any kind or nature, not to speak of exculpatory one, are not..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......inding, the High Court Division allowed the appeal and set aside the Judgment and decree dated 29‑8‑1987 and the case was sent back on remand to the trial Court for fresh trial in accordance with law. Further, the High Court Division directed the trial. Court to register the counter‑claim as "..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......9‑02, the petitioner moved this Court and obtained the present Rule. 6. Mr. NH Khandaker, the learned Counsel appearing for the petitioner, submits that the learned Joint District Judge erred in law in passing the impugned order arbitrarily and the same has occasioned failure of justice. The le..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....ion in the case of Rahim Baksh Vs. Crown reported in 4 DLR (FC) 53 wherein it was held that failure of the trial Court to question the accused about his confession would amount to infringement of the provision of section 342 of the Code of Criminal Procedure and the confession will have to be exclud......hereafter case record was sent to the Sessions Judge, Chandpur. Wherein it was registered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. Hearing parties charge und..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....2 of the Constitution is maintainable against it." "33. In the present case, it has already been observed that the state is owner of natural gas in its sovereign capacity by dint of Constitutional provision i.e. Article 143 of the Constitution and the Government is empowered to explore, distribut......e petitioner, a subscriber of the Grameenphone No. 017528070 and a practicing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......g exhibit-1 as evidence. In view of the above, Mr. Bhuiyan submits that in the absence of objection as to the formal proof of exhibit-1 at the earliest point of time, the High Court Division erred in law in disbelieving he transfer of .07 acres of land by Abdul Mannaf Munshi in favor of Nasaruddin a..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
.... agreement relating thereto, to receive payment in Bangladesh, of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh. This provision enjoins the plaintiffs to claim as of right to receive the moneys covered by the insurance...... dealings with third person. In these cases the Banks opened the policies on behalf of the plaintiffs and acted as agents of the plaintiffs. Sections 226, 227 and 228 of the Contract Act lay down the law as to how far a principal is bound by the contract of the agent. Section 229 specifies the cases..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....f 2003 before the Administrative Tribunal, Dhaka, hereinafter referred to as the Tribunal, challenging his dismissal vide order dated 07.08.2002 on the basis of the departmental inquiry following the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, hereinafter referred to R......denying the statements made by the petitioner and asserting that the petitioner was found guilty against the charges both in the departmental inquiry as well as by the authority, as per provisions of law and accordingly he was dismissed in accordance with law. 4. The learned Tribunal on considera..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....He is bound by the terms and conditions attached with the written agreement and the status of his tenancy does not fall within category of yearly lease holder requiring 6 months notice under the said provision. Moreover, section 106 of the Transfer of Property Act is very clear on this point. The pu......as created without any written document. The said provision runs as follows: "106. Duration of certain leases, in absence of written contract of local usage.- In the absence of a contract or local law or usage to the contrary, a lease of immovable properly for agricultural or manufacturing purpos..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......s no challenge by the pre‑emptee challenging the date of knowledge of the pre‑emptor. The contention of the pre‑emptee that application for pre‑emption is barred by limitation is untenable in law. Which has been supported in the case of Jafar Ali vs. Hushiar Ali and others reported in 46 DLR..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......eased immediately was taken to the hospital for treatment but in the early part of following day i.e. on 7‑2-1995, victim succumbed to his injuries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of De..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......ubsequent suit would not need to go through the trial of his suit as the matter in issue of title is directly and substantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he ..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....end a copy of the evidence to the applicant and in the instant case admittedly, the opponent has defaulted in sending the copy of evidence to the respondent No.1. It is further observed that there is provision in the Rules for condonation of delay but no step has ever been taken by the appellant for......procedural, failure to comply with it cannot be taken to deprive the applicant of his right to prosecute the application. Thereafter, Mr. Ahsan also made a lengthy argument on the merit as well as on law point and he has taken us to sections 14, 15, 16 and 17 of the Trade Marks Act and submitted tha..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....s legal requirement was not appreciated and followed by the trial Court. (6) The trial in absentia of the condemned prisoner and the accused appellant was not held in compliance with the mandatory provision of section 339B of the Code of Criminal Procedure inasmuch as the publication of notificat......ers 39 DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. De..Category: Criminal Law | Date: | Hits: 39
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