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Displaying 41-60 of 801 results.

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... direction or orders to hold an inquiry by a District Judge for removing any contro­versy. Provisions of Article 102 read with Article 44(1) are identical with those of the Article 32 of the Indian Constitution so far as those relate to the enforcement of fundamental rights. The interpretat..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....ceased Rrishan Kumar who was murdered during a local Government election held in the year 1987. The trial Court convicted Siriyans Kumar Jain and four oth­ers under section 302 read with 149/120B of Indian Penal Code and sentenced each of them for impris­onment for life. On appeal the High Court o..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

....filing separate sets of written statements. The case of these con­testing defendants was that the suit land originally belonged to the defendant Nos.5 to 8 who left this country for India and became Indian Nationals and as such the suit land vested in the government as enemy property. That the assi..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... 12. The High Court Division enhanced the sentences of fine while disposing of provisional appli­cations filed by the accused-petitioner against his conviction and sentence. Some High Courts of Indian jurisdiction are of the view that in exception­al cases they have power to enhance senten..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....btain free medical treatment in government hospitals and take benefit of all hospital facilities, such as X-Ray, ECG, Pathology etc. free of cost. User fees are being collected in hospitals of the Indian Sub-continent since 1937, the amount of which have been reviewed and increased from time to ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....was held that ‘The construction of the Explanation must depend upon its terms, and no theory of the purpose can be entertained unless it is to be inferred from the language’. In another case from Indian Jurisdiction, State of Bombay V. United Motors(2), the Explanation was found to contain a leg..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....sed in Bangladesh through the newspaper advertisements specially in Daily Inquilab and Daily Ittefaq. The proprietor of Trade mark No.31112 in Class-32 also advertised the product through the various Indian TV Channels which are seen in Bangladesh everyday and therefore, no question of non-use of Tr..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....her the death sentence or the lesser sentence should be imposed in a given case. One of the points raised in that appeal was that a sentence of death was unconstitutional in view of Article 14 of the Indian Constitution. The contention was not accepted on the reason­ings inter alia that "if..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Court Cases, 89. 16. Since our Appellate Division has decided the issue involved in the instant case, we are binding by the decision and observation of our Appellate Division. The decision of Indian Supreme Court is not binding upon us. 17. Further it appears to us the accused-peti­..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....given post decision hearing and as such, no violation of principle of Natural Justice was committed on that score. 15. In the decision of Maneka Gandhi Vs. Union of India it has been observed by Indian Supreme Court:- "The audi alteram partem rule is not cast in a rigid mould and judicial ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....d on this Division by various statutes. 64. The inherent power under Article 104 cannot be invoked when alternative remedy is available. The phrase 'complete justice' as per Article 142 of the Indian Constitution was expressed by the Supreme Court of India in S. Nagaraj Vs. State of Karnatak..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....viting tender. They might or might not keep the said disqualification clause in the fresh tender notice. Therefore, we should not refuse audience to the petitioners on mere hypothesis. 14. In an Indian milestone case [Ramana Dayaram Shetty Vs. International Airport Autho­rity, AIR 1979 (SC)..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... jurisdiction for enforce­ment of fundamental rights and including rights in the nature of habeas corpus, man­damus, prohibition, quo-warranto and certiorari in appropriate cases. Thus, under the Indian provision there is no restrictions for the High Courts in India to invoke writ jurisdiction ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

....mohan Saberfo Vs. Sarojini Panigrahi and others, AIR 1975 Orissa 39; Balide Kamayya Vs. Pragada Papayya, AIR 1918 Mad 1287; Robert Waton and Co. Vs. The Collector of Rajshaye and others, 13 Moor's Indian Appeals 160; Saidur Rahman Molla and another Vs. Abdur Rahman and others, 13 DLR 160; Madan ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....-Contractor. Enem Express Ltd., Chartered Accountant Bhaban (2nd floor), 100 Kazi Nazrul Islam Avenue, Kawran Bazar, Dhaka-1215, Bangladesh-Sub-Contractor. Yean Tun Chinese, Thai & Indian Restaurant, 50, Tejkunipara, Airport Road, Tejgaon, Dhaka-1215, Bangladesh-Sub-Contractor.â€..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....nder article 102. It may be mentioned that article 108 of the Constitution has not said anything about filing of any application. 140. In this regard, it will not be out of place to say that the Indian situation is altogether different because of the language used in articles 226 and 32 of the ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....bsp; M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

.... a decree passed by the Artha Rin Adalat relating to the property. ………...(38) Case Referred to- 7 ADC 291, 56 DLR (AD) 22, 10 BLC (AD) 8 and section 307,  the Indian Succession Act, 192; 575 BLT 425: 12 BLC 72349 DLR (AD) 135, 8 BLC 411, 59 DLR 695; 51 DLR (A..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....etition of complaint under section 138 of the Negotiable Instruments Act is maintainable even for dishonour of the cheque on such ground. It has been well settled by our apex Court as well as that of Indian jurisdiction that "stop payment instruction" cannot exonerate the drawer of a cheque from the..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....n of the above noted case was given in a context relating to sexual harassment of girls and women in educational institutions and work places. The court, following the well celebrated judgment of the Indian Supreme Court in Vishaka case, issued some directives in the form of guidelines for preventin..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246