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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 ......er before or after the commencement of these Regulations" give a retrospective effect to the offences created under Martial Law Regulation 11 immediately before the proclamation was issued. This view that we have taken further finds support from the amendment of Regulation 11, Regulation 1 of 1..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......father is entitled to get custody of his minor daughter. Since the victim girl is kept in custody in the name of judicial custody without handing over her to her lawful guardian father, we are of the view that this victim girl is being kept in custody illegally and without lawful authority and as su..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
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. ......roperty and inclusion of the same in the 'kha' list of abandoned buildings are violative of the aforesaid fundamental right of the petitioner. 8. In the above facts and circumstances we are of the view that inclusion of petitioners' house in question in the ‘kha' list of Abandoned Buildings in ..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. ......visions of section 5(6) of the Criminal Law Amendment Act, it is only the Special Judge who may, if deems fit, pass necessary order for further investigation. 9. Mr. Khan’s contention is that in view of this provision of the special law i.e. Criminal Law Amendment Act, 1958 neither the Chief Me..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....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. ......try farm on his land after taking loan from Arab Bangladesh Bank and further the said land is situated in the commercial area of Chittagong and not suitable for the residence of judicial officers. In view of the objection of the petitioner against the proposed acquisition, the Additional Deputy Comm..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... 5. Leave was granted to consider the appellant’s submissions, first, that the High Court Division failed to consider the true import of exception I to section 28 of the Contract Act by holding erroneously that the said exception validated conferment of exclusive jurisdiction by the parties o......rough the process of appeal and revision resulting in an expiry of the order status quo passed by the trial Court. On 26-4-94 the appellant received a letter from the Arbitrator intimating that in view of the objection raised by the respondent he would not arbitrate in the matter. The appellant..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.......d to show that he has lost his citizenship right and that his activities are prejudicial to the interest of the Government of Bangladesh. The petitioner has proved his whereabouts beyond doubt.
In view of the above findings we are inclined to opine that the inclusion of the building in abandoned ..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......d this application for drawing up contempt of Court against the present contemner-opposite party on the ground that the Special Judge had no authority or jurisdiction to dispose of contempt matter in view of the Contempt of Court Act. It was stated that the special judge ought to have recorded the s..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....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.
......e contract are consistent with its being a contract of service."
8. In the case of Market Investigation Ltd. Vs. Minister of Social Security reported in (1969) 2 QBD 173 Cook J after reviewing the aforesaid decisions and some earlier decisions in the case of Montreal Vs. Montreal Loco..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 has occasioned failure of justice and whether this Rule has become infructuou..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ......stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to initiate a judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth or otherwise of the accusation. Here in the present case FIR was lodged ..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.
......ests which are acquirable vest in the Provincial Government only if assessment of compensation in regard to the same has been made and published as provided in the Act. "It was further held: "In that view of the matter, it cannot be contended that the said lands have vested in the Government as they..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......Respondents. Writ Petition No.2384 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......ife of the people which includes their health and normal longevity of an ordinary healthy person by marketing in the country any food item injurious to health of the people. We are, therefore, of the view that right to life under Articles 31 and 32 of the Constitution not only means protection of li..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. ......otice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building published in the Gazette notification on 23‑9‑86. 16. Therefore, it is our view that treatment of the disputed property as abandoned property and enlisting it in the 'Kha' lis..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ...... the act or the offence needs be committed. We find that if the offence be not substantiated or in other words an offence of abetment falls through, if the principal offence is not substantiated. Our view finds support from the case of Jamuna Singh Vs. State of Bihar, AIR 1967 (SC) 553 it is observe..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....ect of the case way urged before the learned Subordinate Judge but he did not advert to that point and losing-sight of this legal aspect of the case the learned Subordinate Judge, in our opinion, has erroneously made the award dated 21.9.1991 as rule of the court, we therefore, find merits in this a...... did not appoint any arbitrator on his behalf and after waiting for six 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 A..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... studentship and her age. The school certificate which was produced by the appellant (Page 67 PB) before the High Court Division showing that the girl was born on 30-6-1980 perfectly accords with the view that we are taking as to her age on the basis of her own statement that she was 15/16 years old..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... 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. ......rding to prosecution, P.W.4 Nurul Islam and P.W.8 Raihan were examined and treated by P.W.14 Doctor Rafique Ahmed, but Mr. Majumder submits that this prosecution case should not have been believed in view of the admission of P.W.14 in his cross‑examination that none identified P.Ws.4 or 8 to him a..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ...... on the ground that the petitioner failed to show any Gazette Notification for getting allowance in the Methanol and quantity of Methanol destroyed the before storing in the bonded tank. Thereafter Review Application No.325/95 was filed by the petitioner before the said National Board of Revenue to ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
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