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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......t lawful authority and the respondent should be directed to recover the outstanding fine from the accused respondent No.4 in accordance with law. It is submitted on behalf of the petitioner that in view of the provisions of section 3 of the Criminal Law Amendment Act, 1958 to the effect that the G..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......oner. This case is still under investigation. 5. Since charge has not yet been framed and on the papers submitted by the complainant through an application for cancellation of bail we are of the view that ends of justice would be met if the bail granted by this Court may be allowed to continue ..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......Section 31 and Sub-section (8) of Section 20 of the Ain have nothing to do with an order for release of victim girl who is minor from safe, custody and handing over her to the custody of mother. This view of our finds support from the case of Krishna Pada Dutta Vs. Secretary Ministry of Home Affairs..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......s
the unlawful order is concerned, being contrary to law and against the public
policy. It appears that the instant writ petition involved disputed questions
of facts which according to our humble view cannot be adjudicated in the writ
jurisdiction. The respondent's case is that the petitioner e..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. .......65/- per day, therefore, Section 4 of the Employment of Labour (S.O.) Act, 1965 has no manner of application in the instant cases. He submits that the petitioners have no right to be permanent in view of the record of the office note of Bangladesh Biman Airlines. In support of his contention he..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......জনবোধে এই সময়সীমা বর্ধিত করিতে পারিবেন। (৩) ..................................................................... 4. In view of the Regulations quoted above it is clear that the impugned order of suspension was not made ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......Court and those of the Appellate Divisions, and interpret them differently. In the premises, we find that this Court has delivered conflicting judgments on similar nature of facts. We are of the view that there should be uniformity in the decisions of this Court on this point of law, since the ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......equired to be accepted and allowed by learned Assistant Judge. 9. Reason is the soul of law (Cessate Rationelegis Cessat IP salex). The right to reason is an indispensable part of sound judicial review. Reason presupposes code. Reasons are links between the materials on which certain conclusions ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......urt Division under Article 102 of the constitution to strike down the judgment of the Adalat as he was absconding from the very inception of the case. 7. In the circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper considerat..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....ffence punishable under section 11(Kha) of The Ain of 2000. Prosecution version and evidence led seem to have carried no ring of truth. Judgment pronounced by Tribunal is absolutely perverse, legally erroneous and infirm and demonstratively unsustainable and the same does not deserve the merit of ac......of the incident and police recovered his sister in injured condition from the house of the accused and police kept his sister under the custody of Rabi Dutta (P.W.6). He, also, stated that he did not view anything of any incident of 22.8.2001. 12. P.W.5 Md. Golam Zilani, Chairman of Bijoypur Un..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......ly direction for attendance at a particular time and place. To grant bail upon the fulfillment of conditions embodied in the bail bond is not valid in law. On our discussion made above, we are of the view that the Tribunal has no power to impose a condition at all when it grants bail to an accused a..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... she acquired the suit property. While she was in Austria, she appointed Mr. Mohasin Darbar her attorney, giving him power to negotiate for sale and to sell the suit property and with this end in view, she executed and registered a power of attorney before Dr. Richard Talbot, Offentlicher Notar..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......been in possession, In Miscellaneous Case No.9 of 1967-88 and 10 of 1967-68 brought by the plaintiff, A.D.C. (Revenue), Dhaka vide his order dated 12.05.1968 cancelled the said lease. Thereafter on review by them, the A.D.C. (Revenue) Dhaka released the said property from the list of enemy propert..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....that Mr. Siddique has totally misread, mixed up and
misconceived the prayers made in sub-paragraph 'Ka' and have been misled by the
findings of the Courts below which are thoroughly misconceived, erroneous and
based on misreading of the pleadings, that is, the prayer of the plaintiff as
quoted......low being the last Court of facts has erred
in law in not at all discussing and finding on consideration of materials on
record whether the order of dismissal was passed lawfully, particularly in view
of the exhibits of the parties, non-service of notice of show cause and order
of dismissal on..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ...... order. The Opposite Party Nos.4-16 being purchaser on the basis of registered kabala deeds are entitled to be added as party in the appeal under Order 22 Rule 10 of the Code of Civil Procedure. In view of the above I find no merit in the Rule. 10. In the result, the Rule is discharged howe..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... the Registrar of Trade Marks rejecting the adjournment application filed by the appellant on 3-8-2000 and granting the registration of Trade Mark vide Application No. 50981 in Class-1 is illegal and erroneous and cannot be sustained in law. It is further argued that the Registrar of Trade Marks was......Registrar shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without giving the parties concerned an opportunity of being heard. 6. In view of the above, the appeal is allowed. The order dated 7-8-2000 is set aside. The Registrar of Tr..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......hat the occurrence was only witnessed by herself and none else was there at that time, whereas PW 4 deposed that he was present at the time of occurrence and. saw the accused to kill the deceased. In view of such contradictory statements of the PWs, the prosecution case has become suspicious and the..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......ts the offence punishable under the law. The validity or otherwise of the notice can not be questioned at this stage in such a case. There is other forum, if any, to ventilate such grievance. In view of the provision of law prescribing the punishment for failing to submit the statement and..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......rmant, but out of grudge the appellants are falsely implicated. Such defence case is more probable. It might be true. P.Ws.1, 4 and 5 supported the story of commission of dacoity. 39. In that view of the matter it is most unsafe to convict the appellants on the charge of murder merely on th..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ...... 3. The petitioner, Cox's Bazar Pourashava was established in 1869 and since then it has been functioning and declared by law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 ac..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
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