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Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......or for building and rebuilding purpose. 15. in view of the above, the submissions of the learned Counsel for the petitioner are of no substance for the reasons aforesaid and being contrary to the provisions of law and the decision referred to above is not a sound proposition of law and could not..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....gistered and the same was allowed and thereupon structures in the land were attached and, as such, in the background of the aforesaid facts even though there was no amendment of the plaint seeking mandatory injunction for restoration of possession the suit was very much maintainable as disposses......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....s to how a document admitted in evidence should be endorsed and marked as exhibit. He also refers to Rules 396 and 403 of CRO and paragraph 26(8) of Civil Suit Instruction Manual and submits that the mandatory provisions of law have not been complied with, He submits that if the exhibits are not pro...... document admitted in evidence should be endorsed and marked as exhibit. He also refers to Rules 396 and 403 of CRO and paragraph 26(8) of Civil Suit Instruction Manual and submits that the mandatory provisions of law have not been complied with, He submits that if the exhibits are not properly mark..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
.... Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......uit, was nothing but a pending suit and there having no injunction order of the civil Court regulating possession of the parties at the relevant time, the Magistrate acted properly in accordance with provisions of section 145 CrPC. But such type of interpretation, if considered acceptable, will crea..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......mpetent witness about the said matter……………………….(19) The Specific Relief Act, 1877 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......ve affect to any order under the Code, (ii) to prevent abuse of the process of any Court and (iii) to secure ends of justice. To invoke this inherent jurisdiction of the Court, the Code makes certain provisions and unless these provisions be exhausted, one cannot come to invoke section 561A of the C..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......s completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11) Cases r..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... possession of the arms within certain specified time and he fails to deposit the arms within that specified time. The petitioner having possessed the arms under the licence has not breached the provisions of sections 14 and 15 of the Arms Act nor the petitioner has violated any condition subje..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....Advocate stated that for goitre disease the deficiency of iodine is primarily responsible. It has been submitted that the government decision banning on sale of edible salt without iodine has made it mandatory on the manufacturers to produce, distribute and sell only iodized salt in the market and f...... as specified in the Iodine Diseases Prevention Act, 1989; (b) to revoke licences and take action against respondent Nos. 6-12 and other manufacturers of iodized salt, those failed to comply with the provisions as enumerated in the said Act; and (c) to identify the unlicensed and fake manufacturers ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......by the plaintiffs. The learned Advocate for the plaintiffs contended that the deed of relinquishment does not confer title and this document being one over Taka 100 should have been registered as per provisions of Registration Act and for want of registration, the same is not a valid document. It is..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....rejudice. 4. He further submits that under section 339B of the Code of Criminal Procedure, which is applicable in case of trial of cases under Criminal Law Amendment Act, 1958, there is mandatory requirement of publication of notification in gazette as well as in a national daily but i......with section 537 of the Code of Criminal Procedure. Mr. Huq then submits that the learned Judge failed to appreciate that the trial itself was illegal because of non‑compliance of the mandatory provisions of section 339(B) of the Code of Criminal Procedure in not publishing notice for appearan..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......ssue, the learned Advocate submits that the first Power of Attorney allegedly executed by the ship-owner is not in accordance with law since it was not revalidated and duly stamped as required by the provisions of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument c..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......য কোন আইনগত কার্যধারার শুনানির এখতিয়ার আদালতের থাকিবে না।" 24. Close reading of the above provisions makes us clear, that notwithstanding anything contained in other law for the time being i..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.” 6. To decide whether in a particular case provisions of section 149 is attracted, it is to be proved, that the accused was a member of an..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......dgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not. In order to maintain the..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
.... of the petitioner submits that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ase in the case land and the pre-emptee is a stranger purchaser and the pre‑emption case is well within time as the kabala under the pre-emption was registered on 26‑7‑1982 according to the provisions of section 60 of the Registration Act and the pre‑emption case filed on 23‑11‑ 1982..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
...... 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The provisions lie in Sections 4 and 5 of the Foreign Private Investment (Promotion and Protection) Act,..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......ence the impugned orders of refusal vide Annexure-D and D-1 to the writ petition to grant registration and licence to the aforesaid Trawler of the petitioner is, apart from being contrary to the provisions of the aforesaid Ordinance and Rules, also violative of the fundamental rights of the pet..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
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