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

....…………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the a..

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

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

....(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of ..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....;ferred her share to defendant No.7. She tried to keep the defendant No.7 in dark­ness and behind his back attempted to have declaration as prayed for. The affords taken by the plaintiff were not fair to have declaration as prayed for. Non impleading of defendant No.7 before the High Court Divis..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

.... and issued a warrant of arrest against them. Thereafter they surrendered before the trial court with an intention to face the trial having no intention to become fugitive and the appellants have got fair chance of acquittal in this case and the trial court without applying his judicial mind rejecte..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

....gether with the impugned order. 5. Considering the period of custody and the impugned order we find substance in the submission of the learned advocate for the appellant that the appellant has got fair chance of acquittal in this case and the trial is delayed for no fault of the appellant, and as..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....ires an election under the RPO, 1972 shall be decided by secret ballot. In order to decide the eligibility or compe­tency of a candidate seeking election to the Parliament for conducting free and fair election through a democratic process Article 12 of the RPO, 1972 was amended by inserting cla..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....very much con­scious about the extreme sensitive issue involved in this particular matter. But our view is that far reaching and fundamental changes could be achieved and we shall be able to have fair and equi­table solution to some of the most difficult ques­tions relating to the law of..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....es for a considerable length of time in the university. 13.  Mr. Md. Ashad Ullah next submits that the admission of the petitioners to the university is a 'fait accompli' and in all fairness, the university Syndicate should have allowed their review applications rescinding the earl..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

....opriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge, Second Court, Dhaka granting temporary injunction in respect of manufacturing, marketing and selling of fairness cream with trade mark "Fair and Care" described in Schedule-'B' of the pl..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....tion is to be made, the Courts should be slow to interfere the opinion expressed by experts unless allegations of mala fide are made out and established. Now the question is whether the PSC conducted fair tests and examinations for selection of suitable persons. In this regard the High Court Divisio..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....at the impugned embargo is without lawful authority inasmuch as exercise of statutory power by the public functionaries relying on a unjustified and false report of the Respondent No.6 is not just, fair, reasonable, transparent and bonafide. 10. Respondents contested the Rule by filing sepa..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Re..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....the Corporation, who is a member of the Corporation, managed to obtain the jobs depriving other com­petent citizens of the land. According to him the general public at large have a right to get a fair chance of being appointed to the said posts but were deprived of the same since the posts were ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....ld that: "The non-obstante clause is to be given full force and effect. —The proper way to construe a non-obstante clause is first to ascertain the meaning enacting part of the section on a fair construction of its words. The meaning of the enacting part which is so ascertained is then to ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....s of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the serv..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law…………………………………….(23) ..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....er reading and consideration of the materials on record rightly passed this judgment wherein I find no illegality. Though the courts below very rightly passed their judgments and de­crees but for fair justice I would like to con­sider a fresh the monetary involvement for the petitioner-purch..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....iction)  Present:  Syed Mahmud Hossain J  Farid Ahmed J  Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner  Vs.  Ministry of Home Affairs and Others.............. Respondents  Judgment  August 14, 2008.  Resu..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....t or the Registrar, or if after perusal of such information or explanation or additional documents; the Registrar is of opinion that the document in question discloses an unsatisfactory state of affairs, or that it does not disclose a full, fair and true statement of the matters to which it purp..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

.... the Supreme Court. 11. Section 3 of the Ordinance stipulates, the Commission will consist of nine members with the Chief Justice as Chairman and the Minister of Law, Justice and Parliamentary Affairs, two senior most Judges of the Appellate Division, Attorney-General, two members of Parliament..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236