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.... user fees from the patients in the hospital was not challenged
inadvertently. But such kinds of collection of user fees from the patients are
not covered by any law. Moreover it is contrary to the provisions of the
Constitution of Bangladesh. Hence it is liable to be declared illegal and
withou......man rights and to work for the poor people, to give legal support to
the helpless people, and to build up awareness amongst the people about their
rights etc.
4. The petitioners are practicing lawyer of this Hon’ble
Court, human rights activist and conscious citizen of the country. They ar..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....the claim of the plaintiff bank which is liable to be set aside. 5. We have heard the learned Advocate for the appellant perused the Memorandum of appeal impugned judgment and decree, LC record, provision of law and decision as referred to. 6. Admittedly the plaintiffs appellant instituted......as the normal banking practice as such, the impugned judgment, and decree is liable to be set aside. Relied upon the decision reported in 37 DLR (AD) 1, he submits that it is the duty of the Court of law to assess and imposed interest at the time of passing of decree considering the facts and circum..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....is the Managing Director of the said Company and also the guarantor of the loan. The shares held by him in that Company is less than 25% of the share capital. So, he is not a loan defaulter under the provision of the Bank Companies Act, 1991.
8. However, he has admitted that the said company was sh......Ali, learned Senior Advocate, appearing on behalf of respondent No.1, supporting the impugned judgment, submits as follows:
I. Having considered the evidence on record and the relevant provision of law the High Court Division came to a finding that the appellant is a loan defaulter and as such, he..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....ement from it and after considering such written statement of the licencee regarding the proposed amendments. ...... (30)
Constitution of Bangladesh, 1972
Article 102
When by specific provisions under clause 9 of the Guideline the government and the BTRC exempted the application of t......ssigned Spectrum (7.4 MHz-1800 band) to the petitioner in 2008 and payment of licence fee and spectrum fee for new assignments without any deduction should not be declared to have been issued without lawful authority and of no legal effect.
2. Short facts, relevant for the disposal of the Rule,..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....Application No.118828 in Class No.32 violating the Trade mark No.31112 in the same Class No.32 of the respondent No.1 by way of unfair competition. The Petitioner filed this application referring the provisions of section 42 of the Trade mark Act 2009 alleging non-use of the registered trademark "FR......ld be no direction under Section 46 of the Act with regard to registration of trademark."
35. Therefore, the show cause notice as served upon the petitioner appears to have been served without any lawful basis. There is no conflict in between these two Trade Names nor the public at large will be ..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ext and other clauses of the Act, as far as possible, to make a consistent enactment of the whole statute. To ascertain the meaning of a particular section of an Act recourse should be had to all the provisions of the Act and no section should be considered in isolation. 14. If the 3rd proviso ......from 08.01.2008 and that the case having been filed beyond that period was barred by limitation. 9. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 10. We would like to give more explicit reply to the questions raised by the lear..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....alist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man. 13. Referring to the aforesaid provision of the Constitution the Supreme Law of the Land. 14. Mr. Farooqui submits that the Co...... ছাড়া কেহ নাই। আমরা নিরুপায়”। The reply given by the lady to the Court attracted serious attention of both the Bar and Bench since more than dozen lawyers both seniors and juniors were present before the Court at that time. Leaving no scope for an..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....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: ...... 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 case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Cas..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....of death, the special reasons for such sentence". 8. The words "the special reasons for such sentence, in case of sentence of death" have not been incorporated in our amended provisions of section 367(5), with the result that while the conviction in respect of an offence pun......e. On the day of occurrence at about 7-30 pm, the victim along with some other persons were in a tea stall of Fayzul Haque (P.W.3) when the accused persons being armed with deadly weapons formed an unlawful assembly and mercilessly assaulted him with deadly weapons that caused his death. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....walli has no power even, with prior sanction of the Administrator to grant lease of any part of the waqf property in perpetuity. 7. Points raised require analytical consideration of certain provisions of the Waqfs Ordinance and other laws relevant for the disposal of the in matters. S......e Administrator of Waqfs, proviso to the section has given a further rider that even the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalidate............. (77) No bar in accordin..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. 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 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... the Penal Code. After charge-sheet was submitted the accused were put to trial before the court of the learned Additional Sessions Judge, Jhenidah upon charges framed under the aforesaid sections of law. 6. On 22.05.08 accused-petitioner filed an application under section 265C of the Code of C..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....ayment of the bills by the respondent, the appellant agreed under compulsion to sign the agreement on 14-12-1995 with the condition that the dispute would be resolved later through arbitration as per provision contained therein. The respondent signed the agreement and made part payment of the bills ......ppear with proper letter of authorization. It was also intimated to the parties that no further extension of time would be allowed because of time limitation for disposal of the case as per law. The respondent did not appear on 27-8-1998 and the sole arbitrator then proceeded ex-parte and ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....ivision. after hearing the learned Counsel of all the contesting parties, made that rule absolute by the impugned judgment and order holding that in the Land Appeal Board Rules, 1990 there is no provision for any second review after disposal of the first review application under Rule ......he High Court Division Nawabgonj Government College represented by its Principal has preferred this civil petition for leave to appeal on the main contention that the High Court Division has erred in law in holding that there is no scope for a further review after disposal of the first review, that ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....েতু ঐ ফ্ল্যাট পাইতে বাদিনী আইনতঃ হকদার”। 21. In coming to the said conclusion, the learned Joint District Judge considered the provisions of sections 12(c) and 27 of the Specific Relief Act. The learned Judges of the High Court......completed; third party to whom the suit flat was sold being a bonafide purchaser for value, was a necessary party in the suit, but he was not made a party. Therefore, the suit was not maintainable in law and the same was liable to be dismissed on that ground alone. He has lastly submitted that since..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....with section 435 of the Code of Criminal Procedure has obtained the present Rule. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the petitioner referring the relevant provisions of Children Act, 1974 submits that the accused-petitioner was a child that below 16 years......r. Khan also tried to impress us that since those decisions were passed by the Appellate Division in leave Petitions and in a summary manner, that cannot be treated or considered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. W..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....hall contain the point or points for determination, the decision thereon and the reasons for the decision. This court finds that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to t......that an Order (judgment) dismissing an appeal summarily in keeping with the provisions of section 367 must show that court dismissing it, as such applied its judicial mind to the question of fact and law. It has therefore, no power to dismiss such an appeal for default and must dispose of the appeal..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....tition. That being not fulfilled by the petitioner the respondent in exercise of his power under section 3 (2) (iii) of Act, 1947 rightly cancelled the license of the petitioner. 10. There is no provision in the Act of giving any prior notice to the petitioner before revoking the license, As a ......Money Changer license of the petitioner issued by Foreign Exchange Policy Division, Bangladesh Bank at the signature of the respondent No.4 should not be declared to have been made and issued without lawful authority and is of no legal effect. At the time of issuing Rule the parties were directed to..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... of law the sale of the property once made absolute the same is not affected even if the decree is reversed. The auction sale was made absolute by way of confirmation. The sale can be set-aside under provisions laid down in the Code of Civil Procedure 1908 on the grounds provided in the said provisi...... any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is settle principle of law the sale of the property once made absolute the same is not affected even if the decree is rever..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
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