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....
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.
......m a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking th..
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. ......ause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......icle 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country and all functio..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
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. ......ow cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..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. ......on 8 August, 2001. This statement speaks volume as to his sincerity to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recor..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. ......evision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the side of plaintiffs-petitioners. Ruminated laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......ars 7 months old on the date of alleged marriage on 01.08.2005 and under the circumstances consent of a minor girl in alleged marriage was quite immaterial and such consent has no force in the eye of law. In the nikah nama dated 01.08.2005 the age of victim Mahabuba Delwar has been shown as 18 years..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......r the complainant appellant submits that the impugned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
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. ......ce arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sentence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the section 561A of the Code of Criminal Pro..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ...... been on leave from 23.8.2001-1.9.2001. 15. P.W.8 Md. Monsur Ali, an employee of Agrani Bank, Bataichari Barra Branch provided Version that on the order of the authority he had gone to father-in law' s house of Gouri Deb and Gouri handed over key and a petition to him and he placed those to Man..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. ......he impugned order asking the accused-petitioner to withdraw the aforesaid civil suit as a condition of his release on bail. 5. We have heard the learned Counsel in support of the Rule arguing that law does not permit attaching such a condition to bail. The learned Advocate has drawn our attention..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Court two certificates regarding the age of the victim. After filing of the instant case, accused Hannan filed a case against them. He added that his daughter was kept in the house of his brother-in-law Habib, fromwhere the accused again kidnapped her. He proved the petition of complaint as Exht.1 ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ced money and the courts below ought to have allowed the 2nd mortgage which no courts below did. He further submitted that both the courts below committed illegality in putting the present suit under law of res judicata though the earlier suit for declaration, of title and khash possession and the p..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
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. ......s possible; that if the defendant No.1 caused any undue delay to effect the registration of the sale deed, the plaintiff would have the liberty to get the sale deed registered in accordance with law and that as the price of the suit property would be paid in foreign currency, the plaintiff app..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......udge of
the Artha Rin Adalat ought to have firstly given a decision requiring the
petitioner to furnish security on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legisl..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
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: ......hin the period of limitation and as such the suit is also barred by limitation and this finding having been based on proper appreciation of evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the courts ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......ining order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of Rules and Regulations of
Non-Government Intermediate College..
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. ...... 6. Mr. Md. Zakir Hossain, the learned Advocate for the Petitioner on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......here was no possibility of collecting evidence from abroad for filing the same before the Registrar of Trade Marks on 6-8-2000 the date of hearing of the opposition case the petitioner instructed his lawyer to file Form TM 55 for an adjournment. The learned Advocate of the petitioner accordingly, fi..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
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