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Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......cutive. In this connection, Dr. Hossain has, first of all, referred to the preamble to the Constitution in which the solemn pledge to establish rule of law, and to secure fundamental human rights and freedom, equality and justice, political, economic and social, for all citizens has been made. He ha......stion as ultra vires having been made without complying with Article 116 of the constitution. 2. The petitioner has also prayed for mandamus in the nature of direction on the respondents, to quote from the Prayer Portion of the writ petition, “to prepare the 5 Years (1989‑1993) Annual Confide...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......ecision will be a nullity. 35. Election has its own jurisprudence. Embedded in the election law is the requirement to have all the electors registered in a particular manner to make an election, a free, fair and impartial one. In the instant case the manner of registration is provided in section ......side Dhaka would be brought to Dhaka in sealed packets for counting. It was further announced by the said notification that the counting of all votes, including those of Dhaka centres, would continue from 9-00 AM to 5-00 PM at the Teachers Students Centre, hereinafter called the TSC and the Gymnasiu......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......5.04.1992 and as such the detenu is a major girl and aged about more than 18 years and is also a seijuris, her detention in the judicial custody is illegal and as such she may be allowed to go on her free will. 4. Mr. Ashok Kumar Banik, the learned advocate appearing on behalf of the father submi......hter Mitu, the victim girl as alleged in Joypurhat P.S. Case No.18(5)2010 dated 15.05.2010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful author......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... the materials on record including cogent evidence against the accused, we find that for the aforesaid laches, if any, by the State defence lawyer, the accused cannot be allowed to go altogether scot free. On giving our anxious consideration and in view of the facts and circumstances stated above we......l and on 28-6-1993 at about 7-30 AM he was going to the said mill and while reached in front of the land of one Kaimuddin Mondal, condemned prisoner Khosbar Ali dealt him indiscriminately hasua blows from behind as a result his left hand was completely separated from left forearm and also the neck w......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ....... The High Court Division upon hearing the parties by the impugned judgment discharged the rule observing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances and that the writ petitioner has no right to claim for release of the ent...... High Court Division upon hearing the parties by the impugned judgment discharged the rule observing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances and that the writ petitioner has no right to claim for release of the entire p......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......hed his hands and mouth after throwing the 'Batali 'on the roof-top of the bathroom and came out and saw PW 5 Arshadul Huq. 48. PW 11, in cross-examination, stated that Humayun (since dead) at his free will made the extra judicial confession and ASP Majubur Rahman did not compel him to make such ......ion 6(2) and 6(2)/14 of the Ain, 1995 in terms of the judgment and order passed on 2-9-2003 in Nari-o-Shishu Nirjatan Daman Special Tribunal case No. 43 of 1999 renumbered as 404 of 2002. 2. Apart from the Death Reference, condemned-prisoners Sayed Sajjad Mainuddin Hasan alias Hasan alias Azad (s...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ppeal before the Taxes Appellate Tribunal, Dhaka being ITA No. 1431 of 1998. The Department also filed an appeal against the reduction of disallowances made by the Commissioner of Taxes (Appeals) and free sample distributed in respect of the said assessment year. 3. In Reference Application No. 7...... (b) vehicle expenses (e) Printing expenses, (d) Miscellaneous expenses, (e) Postage and Telegram expenses and (f) Carriage outwards expenses. The Tribunal set aside the disallowance of Taka 7,01,053 from the excess perquisites for the assessment year 1994- 95 and Taka 7,77,025 for the assessment ye......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......cceptance giving reasons. * Advise its by cable/airmail of acceptance and due date in case of usance bill. 44. It contended that upon receiving the documents first defendant ABBL at its free will and express knowledge and consent of Southern accepted them and communicated its acceptanc......d. (PBL) shall not pay the moneys due under the letter of credit No. PBL/LO/ST/114/93 dated 9‑5‑1993 to said third defendant, KEB and also for a decree of perpetual injunction for restraining PBL from paying any money under said letter of credit to third defendant. 4. Plaint case, in shor......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 290
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....tion due to frequent theft and pilferage of forest produces. Total area of Sylhet District is approximately, 4800 square miles. According to forestation rules 25% of the total area is needed for safe environment and pollution control. In Sylhet only approximately 6.04% forest area measuring 181 squa......ld like to refer to the Preamble of the Constitution which states that it shall be a fundamental aim of the state to realise a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice will be secured. Part III of the Constitution enumerates a number of r......by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing the business in accordance with law and without viol......uent theft and pilferage of forest produces. Total area of Sylhet District is approximately, 4800 square miles. According to forestation rules 25% of the total area is needed for safe environment and pollution control. In Sylhet only approximately 6.04% forest area measuring 181 square miles reserve..Category: Environmental Law | Date: | Hits: 551
....mir and another, reported in AIR 1980 SC 1992 he submitted that the State cannot do as it pleases and is required to abide by the law of the land.
9. Mr. Alam next submitted that protection of the environment is part of the fundamental right to life. In support of his submission, he has referred ...... the State to preserve for the sake of future generations. Hence, no matter whose land is being developed for the purpose of construction, it is necessary to ensure that the need for fresh, pollution-free air, greenery and water bodies are catered for. Whichever way one looks at the construction, it......omposition as envisioned by the original plan.
4. The impugned project was first approved during the term of the previous government, but was scrapped in the face of public protests and objections from civil society, the architectural community and the media. The present government revived the pr......en duty of the State to preserve for the sake of future generations. Hence, no matter whose land is being developed for the purpose of construction, it is necessary to ensure that the need for fresh, pollution-free air, greenery and water bodies are catered for. Whichever way one looks at the constr..
Category: Environmental Law | Date: | Hits: 484
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343....... reported in 57 DLR 93 for the proposition that the world has become a small one for all practical purposes and one should not strictly adhere to the traditional concepts of local market, there being free movement of the commodities and capitals and the respondents having been continuously using the...... section 37 and 46 of the Trade Marks Act, 1940 (hereinafter referred to as the Act, 1940) for rectification of the Register or removing trade mark 'Crocodile' vide registration No. 18366 in class 25 from the Register which was registered in favour of respondent No. 2, Crocodile International Pte. L......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ontain such conditions as in the opinion of the Court may be necessary for securing supervision of the offender by the probation officer and also such additional conditions with respect to residence, environment, abstention from intoxicants and any other matter which the Court may, having regard to ......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......) months. An appeal filed by the petitioner was dismissed by the impugned judgment and order. 4. The learned Advocate engaged by the petitioner having been elevated to the Bench, a notice was sent from this Court with a copy of the Court's order directing the petitioner to appear either personall......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......h other, is an agreement; and Clause (h) provides that an agreement enforceable by law is a contract. Section 10 of the Contract Act provides that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, ......het in Title Suit No. 53 of 2004 dismissing the suit. 2. The opposite party as plaintiff instituted the instant title suit for a decree of permanent injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner b......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......act of Mr. Anwar Hossain to continue as the Executive Director-II of the Company and also as the Printer, Publisher and Editor of the Daily Ittefaq is also violative of the fundamental right of press freedom under Article 39(1) of the Constitution and the writ petitions under reference should theref......sed of by this single judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibited from holding the post and position of the Executive Director II, Editor, Printer and Publisher of th......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......ny to borrow money for its business. On the other hand, the Appellate Tribunal maintained that order on the ground that the assessee company is a business house and they have no right to advance loan free of interest and that the transactions were not business transactions. But in arriving at such f......e facts and circumstances of the case the learned Taxes Appellate Tribunal was right in holding that the claim of investment in respect of capital borrowed for business was not an allowable deduction from the income of the applicant. (ii) Whether in the facts and circumstances of the case the lea......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....en invited from foreign companies, no policy decision has been adopted designating the quantity that should be reserved for posterity, pointing out the areas that would be preserved to avoid possible environmental hazards like that triggered disaster in Magur Chara. Bangladesh PSCs also suffer from ......f the 5th generation. This Court cannot, said Dr. Kamal Hossain, micromanage the government’s function. According to him the Policy, as framed and followed, is of impeccable propriety and veracity, free of any vice like arbitrariness, unreasonableness, mala fide, or unfairness. It is, submitted Dr......Exploration as Stated 4. Detailing the history of oil exploration in Bangladesh, the petitioners stated that this can be divided into four periodic phases, the first one being between the period from 1910 to 1933, the second one being between 1951and 1971, the third one extending over the years......leum industries round the globe, by paying due regard to the requirement of conservation, safety to life, property, crops, fishing, fisheries, navigation, protection of the environment, prevention of pollution, etc and also by adapting schemes for the development of expertise and training of Banglad..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......at during the period from 25-6-90 to 4-10-90, 200 metric tonnes of rice was given to the Upazila Chairman, Bera by the Ministry of Relief and Rehabilitation through the Deputy Commissioner, Pabna for free distribution of the same amongst the distressed persons. Out of the aforesaid 200 metric tonnes...... Ali, Ward Commissioner, Bera Pourshava for distribution of the same amongst the distressed persons of his locality. Accused Rowshan Ali on 11-10-90 lifted 20 metric tonnes or rice vide DO No.0010103 from the Bera Food Godown by putting signature in the Bill Token Register. It was stipulated in the ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......the Constitution of Bangladesh and sub-articles 2(a) and 2(b) of the said Article read as follows: "39. (1) Freedom of thought and conscience is guaranteed. (2)(a) the right of every citizen to freedom of speech and expression; and b) freedom of the press, are guaranteed." 8. So we hold ......e (except section 127) or punishable under section 108A, or section 153A or Section 294A, or section 295A, or Section 505 of the same Code unless upon complaint made by order of or order by authority from the Government or some officers empowered in this behalf by the Government." Secondly that t......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......firming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping w......ngladesh Parliament Secretariat, Law Division 2, declaring his seat as a Member of the Parliament vacant. 2. The petitioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five Constituencies including the aforesai...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......P.W.s 2, 3, 4, 6, 7, 8 and 14 that the police tortured them was also not believed by the trial Court. The trial Court recorded several times that the Magistrate stated that the confessions were true, free and voluntary. But it itself did not consider the confessions and came to its own finding that ......the FIR on 7-3-89 at 11-00 hours to the effect that after receiving the death news, he came to the house of the deceased at village Nangalmora, saw the deceased lying on the cot in outhouse and heard from the relations about the occurrence. Second wife of the deceased Joytsna Khatun P.W.2 told him t......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
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