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.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... that the committee needs to be dissolved and if on the basis of the opinion of the legal adviser that the inspector of school passed the impugned order Annexure-’J’. We have examined the provisions of regulation 7 but no where in the said regulation we could find any provision for the l..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......ting offence under section 6, 11 and 14 of the said Ain which is punishable with death or imprisonment for life. Bishesh Adalat framed charge against the petitioners on 6‑4‑98 under the aforesaid provisions of the said Ain and some of the witnesses including the informant have been examined by t..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ld be paragraph II) their Lordships of the Supreme Court of Bangladesh have observed as follows: “Ordinary criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interl..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ...... as an abandoned property within the meaning of President's Order 16 of 1972 nor could be included in the 'kha" list of abandoned buildings in the Gazette Notification in question in violation of the provisions of section 5(1)(b) of the aforesaid Ordinance No.LIV of 1985. 7. Right to hold propert..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......ance and before or after taking cognizance may pass order for further investigation for ends of justice but in cases where the police is of opinion that further investigation is necessary then as per provisions of section 173(3B) police itself may hold further investigation after submission of the r..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....age of the statute. He next submits that the learned Judges of the High Court Division wrongly dismissed the writ petition in limine without considering that the respondents failed to comply with the mandatory requirement of section 4 of the Ordinance. 4. A perusal of the notice under section 3 ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......ng the scope, meaning, construction or effect of this Agreement, or any matter or thing contained therein or related hereto, shall he referred to Arbitration in accordance with, and subject to, the provisions of the Arbitration Act, 1950. The arbitral award shall be final and conclusively bindin..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148...
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......s master (ii) He agrees, expressly or impliedly, that in the performance of that service he will be subject to the other's control in a sufficient degree to make that other master.(iii) The other provisions of the contract are consistent with its being a contract of service."
8. In the..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....e officer not below the rank of sub‑Inspector of Police must be submitted before the Tribunal and the Tribunal shall not take cognisance except on a police report in writing as aforesaid. That is a mandatory provision for taking cognisance of an offence under this Ain. Here in the present case bef......iled by the informant. He submits that when the Naraji petition has not been filed the case ought to have been dropped by the Tribunal and in support of his submission he has placed before us certain provisions of the Code of Criminal Procedure, particularly sections 172/173/190. 9. It appears ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......pondent No.2 further found that the fishery in question was not excavated by the petitioner but it is a natural fishery. So he held that the petitioner has no right to hold the said fishery under the provisions of section 20 of the State Acquisition and Tenancy Act. He further found that Ordinance N..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....tted to the respective authorities for review. All proceedings of Special Martial Law Courts were to be submitted to the CMLA for review." 15. He further submits that under Regulation 3(3) it is mandatory that a review petition from a Judgment and order passed by the Summary Martial Law Court b....... Martial Law Order 9 is regarding the person removed from service by the Chief Martial Law Administrator. In the instant case the petitioner was dismissed not under Martial Law Order 9 but under the provisions of Martial Law Regulation No.1 of 1982. 13. Regulation 2 of Martial Law Regulation N..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence dated 8th August, 1972 granted by the Dhaka Cantonment Board as per provisions of section 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961). ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....re‑examination of the goods as per letter dated 20‑4‑95 of the Bangladesh Atomic Energy Commission, Dhaka was illegal, motivated and without jurisdiction, Plaintiff also prayed for a decree for mandatory injunction directing the respondent No.4 for re‑testing the goods as per letter dated 20......t; Fourteenth Amendment also imposes similar limitation on the state. In the case of Munn Vs. Illinois, (1877) 94 US 113 in his dissenting Judgment Field J: interpreted “life” under the aforesaid provisions of the US Constitution as follows: "Something more than mere animal existence. The i..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......he Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain person..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......ix weeks the respondent requested their appointed arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the arbitrator appointed by the respondent as per provisions of the Arbitration Act, 1940, assumed jurisdiction in the instant case as sole arbit..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Masum and others Vs. State, 1996, 25 CLC (HCD)
....shield his real assailant. Even in a murder case witness can be partly believed and partly disbelieved. The rule that the evidence false in part, false in entirety is only a rule of caution and not a mandatory rule of evidence. In our country a witness has a tendency to exaggerate, embroider and als...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....e the said National Board of Revenue to rectify mistake apparent on the face of record. The Board, however, rejected the application. 4. Mr. MI Farooqui submits first for non‑compliance with the mandatory requirement of section 32(2) of the Customs Act, 1969 the impugned demand note is issued w......ooqui in support of his first contention referred to the decision in the case of Md. Sona Mia and others Vs. Collector of Customs and others 20 DLR 549. 5. Before I proceed to examine the relevant provisions of law I propose to consider the decision cited by Mr. Farooqui. It was a case on the int..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......Code provides for punishment for criminal breach of trust by a public servant or a banker, merchant, factor, broker, attorney or agent. Unless one of the accused persons is a public servant under the provisions of Criminal Law Amendment Act 1958 and the offence alleged is an offence under the said A..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....that order the petitioners moved this Court and obtained this Rule. The accused as petitioners before this Court are now praying that the impugned order may be set aside on two grounds: (1) that a mandatory provision of the Code of Criminal procedure has been violated by the learned Sessions Judg......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
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