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Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....ow as to how the case property came under the control and management of the Government. There is no evidence in the Government file that the Government took over possession after complying with the mandatory provisions of Article 7 of the President's Order No. 16 of 1972. Therefore, the case prop......ow the case property came under the control and management of the Government. There is no evidence in the Government file that the Government took over possession after complying with the mandatory provisions of Article 7 of the President's Order No. 16 of 1972. Therefore, the case property is no..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......e registration of trademark 'Domino's Pizza' is still pending for registration, the suit under section 73 of the Trade Marks Act 1940 before the learned District Judge, Dhaka is barred by provisions of section 20 (1) of the Trade Marks Act, 1940 and, as such, the plaint is liable to be r..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ...... before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 6. A plain reading of the provisions engrafted in sub-rule 2 of rule 10 of Order I of the Code demonstrates that, Court for ef..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......hat minimum one sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed fir..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......o adolescence, opportunities created by chance circumstances, momentary passions and in certain cases revengeful attitude of people often lead men to indulge into offence of rape attracting the penal provisions of Penal Code and now Nari-O-Shishu Nirjatan Daman Ain. 5. Rape had been defined in ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......s, for setting aside abatement but it should be so treated by the Court, instead of rejecting it, as in this case, because ultimately it is for the Court and not the litigants, to apply the correct provisions of law in the given facts and circumstances. Reliance in this regard is made in the case..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......oment appointment of a defence lawyer for the purpose of defending him in the case involving capital sentence in violation of the inner sprit of section 340 of the Code of Criminal Procedure and provisions laid down in the first paragraph of the Chapter XII of the Legal Remembrance's M..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......l Court committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order dated 25-10-1999. 20. For the convenience of understanding the provisions of Order VI Rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17-The Co..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......of a Shafei girl who has attained puberty (b). Explanation-Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years. Hedaya, 529: Baillie, 4. Note that the provisions of the Indian Majority Act, 1875, do not apply to matters relating to marriage, dower, an..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ...... to law or morality or opposed to public policy, the probate court should shut its eyes and feel helpless and not construe the will and pronounce whether it is void or otherwise according to the provisions of the succession Act No.XXXIX of 1925 which consolidates the law applicable to..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......ent of the daily compensation at the rate of Taka 50 to be paid to the opposite-parties by the petitioners since 1-2-1997. This direction of the SCC Judge does not appear to be in conformity with the provisions of section 21 of the Premises Rent Control Act, 1991. Section 21 of the Act deals with th..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ecial offences has provided for special punishment in the form of a fine, which shall not be less than the gain found to have been derived by the accused by the commission of the offence. It is the mandatory provision of this special law that the sentence of fine must not only be compulsory but it......ok a device by challenging the Certificate Case in Writ Petition No.3168 of 2002 which was subsequently rejected for non-prosecution. It is further stated that in interpreting and understanding the provisions of the Prevention of Corruption Act, 1947, Criminal Law Amendment Act 1958 and Penal Code..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
...... of any enquiry against them about their business activities undertaken
by them. The Enquiry Committee under the heading of "Contraventions"
observed that the petitioner has contravened certain provisions of
Regulations under the Securities and Exchange Commission (Merchant Banker and
Port..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......leaners and Data Entry Assistants for 90 days and subsequently they were extended 4th/5th time and lastly extended until 18.04.2004. It is also stated that the petitioners have quoted the relevant provisions in respect of Academic Qualification for the overhaul and other trades, it is stated tha..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......ding against the MPs of the Seventh Parliament (Annexure-D). 4. It is further stated in the petition that all the concerned members of the Parliament drew their allowances in accordance with the provisions of the Members of the Parliament (Salaries and Allowances) (Amendment) Act, 1992. 5...Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......ove it is clear that the impugned order of suspension was not made by any competent authority nor it was followed by a departmental proceeding against the petitioner. 180 days as provided by the provisions of law as quoted above requiring the proceeding to be completed within 180 days have..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... and mind are weakened day by day, and ultimately, he cannot lead a normal life. To save our future generation from the addiction of narcotic drug, the act of 1990 was promulgated providing stringent provisions for the production, consumption, transportation, possession, sale, purchase, control and ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ted laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. 7. Laws regulating amendment of pleading is engrafted in Rule 17 of Order 6 of The Code. The provisions embodied in Order 6, Rule 17 of The Code constitute a Rule of Procedure advancing a remed..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......n Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complainant appellant may seek legal r..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....Act does not provide for any consequence for failure of the trial court to conclude the trial within one hundred and twenty days. Accordingly the High Court Division held that this provision is not mandatory rather directory. 5. The High Court Division further held that the petitioner could,......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
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