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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... 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
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......u, AIR 1979 S.C, 193; Russell Vs. Duke of Norfolk (1949 1 All E R 109) ; Uma Nam Pandey Vs. State of U.P., AIR 2009 SC 2375; Rajendra Singh Vs. State of M.P. (1996) 5 SCC 460; M.C. Mehta Vs. Union of India (1999) 6 SCC 237; Lloyd Vs. Me Mohan (1987) 1 All ER 1118; Me Carthy Vs. Grant, 1959 NZLE 1014..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......nment functionaries are obliged to act in aid of the Supreme Court in view of the provisions of Article 112 of the constitution…………………..(54) Cases Referred to- Maru Ram Vs. India, AIR 1980 (SC) 2147; Kehar Singh Vs. Union of India, AIR 1989 (SC) 653; Swaran Singh Vs. State..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)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......sted the suit by 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 proper..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the petitioner merit consideration. 13. In the result leave is granted on the additional ground Nos.1, 3 and 4 which are quoted below:- "I. Because the District Board being the tenant under Emperor of India and their tenancy being rent free and Abdul Latif being a ejaradar under the Distri......ner merit consideration. 13. In the result leave is granted on the additional ground Nos.1, 3 and 4 which are quoted below:- "I. Because the District Board being the tenant under Emperor of India and their tenancy being rent free and Abdul Latif being a ejaradar under the District Board fo..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......lant and his co-sharers in Pakistan cannot, of course, be accepted in the absence of the necessary registered instrument evidencing such relinquishment and the share of the said co-sharer residing in India court very well be enemy property within the meaning of rule 165 of he defence of Pakistan Rul..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume of import business with India and Nepal and has been doing it with the help and co-operation of different commercial bank in..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......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
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......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
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......e petitioner application shall not be rejected on the ground that the Trade mark No.31112 in Class No.32 was registered for the Trade mark "FROOTI" by the respondent No.1 Parle Agro Products Limited, India. Since the said Trade mark is similar to the petitioner's trademark, the same is an obstacle t..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ...... consistent enactment of the whole statute or series of statutes relating to the subject-matter." 18. In the case of Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006 the Supreme Court of India held as under: This rule of construction which is also spoken of as "ex visceribus a..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......or the commission of an offence punishable under section 302 of the Penal Code and while awarding the sentence, the Court is required to see that it should be rational, not arbitrary. 7. In India, the 25th Law Commission Report recommended that on capital punishment the court is requi..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......ion to a, mutawalli to lease out any immovable property of Waqf permanently but only of temporary in nature, that is, periodic lease. ................(82) Case Referred to- Dominion of India Vs. Shribai A. Arabinda Bose, AIR 1955 SC 296; State of Rajasthan Vs. Sripal Jain, AIR 1963 SC..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......ard but does not expressly supersede the reference the arbitration agreement remains in full force. In the case of Juggilal Vs. General Fiber Dealers reported in AJR 1962 SC 1123 the Supreme Court of India held that in a case where the Court does not supersede the reference while setting aside the a..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......ntemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for the petitioner. Supreme Court of India in the case of Protap Singh Vs. State of Jharkhand, reported in (2005), 3 SCC 551 has decided ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......8 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Murshed, 48 DLR(AD) 33; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD); Jamuna Oil Company Ltd. Vs. S.K. Dey, 44 DLR (AD) 104; Maneka Gandhi Vs. Union of India, 2 SCR (1978) 621; Kanara Bank Vs. V.K. Awasthy, 6 Supreme Court Cases 2005321; Charan Lai Sha..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......, equated with the civil servants. Their privilege can only be compared with those of other Constitutional office holders. Remuneration and other privileges of the Judges of the Superior Courts of India, Pakistan and Sri Lanka are much higher than those of the SC Judges of Bangladesh. In the bac..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
......Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. Stat......nces must be complete and leave no reasonable ground for a conclusion consistent with accused's innocence. 10. In Abdul Ghani Vs. State of Uttar Pradesh, (1972) SCWR 83 (843), the Supreme Court of India observed: "In regard to proof of basic or primary facts the Court has to Judge the evidence..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......tered deed has been produced. The photo copy of the said document has been produced and marked as Exhibit Cha (with objection). 24. During cross-examination he admitted that Rosomoy had left for India. 25. P.W.4 Sree Lakhon Debnath son of the late Ramananda Nath who deposed that his younge..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......979 SC 621; U.P. Power Corporation Ltd Vs. Sant Steels & Alloys (P) Ltd & Ors AIR 2008 SC 693; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357; Kasinka Trading Vs. Union of India (1995) 1 SCC 274; Amrit Banaspati Co. Ltd. Vs. State of Punjab AIR 1992 SC 1075; Chairman, Ra..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
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