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Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......rity". In this regard, referring to the decision reported in AIR 2004 (SC) 141 he further goes to argue that since the issue in question is relating to election of the Member of Parliament hence, the provisions as contained in the PO 155 of 1972 shall come into play and the Ordinance No. 16 of 2008 ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......e cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a legislation of which other provisions of the same statute provide the principal context. Another principle of interpretation is..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......d so as to classify electors according to religion, race, caste or sex.” 5. Pursuant to Article 122 of the Constitution, the Electoral Rolls Order, 1972 was promulgated on 29 August, 1972 making provisions for preparation of electoral roll and other allied matters. Subsequently Electoral Rolls ..Category: Constitutional Law | Date: | Hits: 386
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......support the charges framed under section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex facie that the charges as framed by the Tribunal, particularly the c..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....nction restraining the principal defendant Nos.1-6 from encashing upon the suit land or to make any construction therein or from running and sewerage line over the suit land. (c) Pass a decree for mandatory injunction directing the defendant Nos.1-4 to demolish or remove sewerage line and box and...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ...... one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. (Ram Das Vs. State of UP AIR 1974 SC 1811). 16. Keeping in view the relevant provisions of law, we want to discuss whether the First Information Report discloses a prima facie o..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......ance, 1985 had/has no jurisdiction to pass such a decree as the parties are Hindus. Mr. Chowdhury has not controverted or entered into the merit of the case. It is submitted by Mr. Chowdhury that the provisions of Family Courts Ordinance is applicable only to the Muslims. Though in section 1(2) of t..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....ple underlying in section 342 of The Code is that the accused should be afforded a free and fair opportunity for explaining the evidences and circumstances against him. Section 342 of The Code is the mandatory provision for procedural law and a departure from fundamental principle of section 342 of ......Joynal Abedin who performed autopsy on the remains of deceased Ajoy Kumar had been dead and he could not be produced in Court in support of Post Mortem Report. Learned Trial Judge took into stock the provisions contained in section 509A of The Code which enjoins that where in any inquiry, trial or o..Category: Criminal Law | Date: | Hits: 98
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......observed paragraph 10: "Under Order IX, rule 13 of the Code if summons is not duly served on the defendant, that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Civil Procedure Code it would be apparent, that due service of summons is an essen..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....endment Act, 1958 (Act No. XL of 1958); section 6 (5) Section 6(5) of the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a p......er the Criminal Law Amendment Act. 11. For the purpose of proper appreciation as to whether previous sanction of the Government is necessary in the present case it may be worthwhile to examine the provisions of section 6(5) of the Criminal Law Amendment Act alone which are set out as under: "N..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......Examinations in addition to the cancellation of the examination concerned.
8. Any other case not covered by the above Ordinances shall be dealt with by the Discipline Board as it deems fit of such provisions in the Rules, he submits, that though severe punishment of debarring for 3 years has been..
Category: Constitutional Law | Date: | Hits: 300
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ...... দেন।” 66. We have observed, albeit with some astonishment, that based on such flimsy evidence noted above, as well as taking a grossly misconceived and erroneous view of the relevant provisions law, the learned Additional Judge, In-charge, Mymensingh not only found the appellant gui..Category: Criminal Law | Date: | Hits: 62
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......d Requisition of Immovable Property Ordinance, 1982. Section 13 of the Acquisition and Requisition of Immovable Property Ordinance runs thus:
"13. Acquisition of part of a house or buildings.- The provisions of this part shall not be applied for the purpose of acquiring a part only of any house, ..
Category: Property Law | Date: | Hits: 73
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ...... subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re-entering the country. Furthermore, under the provisions of Bangladesh Passport Order, 1973 a citizen's passport may be impounded by the concerned..Category: Constitutional Law | Date: | Hits: 147
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ...... The application is rejected. The Representation of the People Order, 1972 (President's Order No. 155 of 1972); Article 90C(I)(a)(b) When the constitution of a political party contravenes the provisions of the Constitution of Bangladesh, 1972, the Election Commission is justified to refuse t..Category: Election Law | Date: | Hits: 723
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... is said to be void under section 2(j) of the Contract Act. All contracts are agreement but all agreements are not a contract. 10. Under the clause (a) of section 4 of the Specific Relief Act, the provisions of the Act do not give any right to relief in respect of any agreement which is not a con..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... acquire land, (2) video recording of the location of the proposed project. As per provisions of section 15(1) of the Ordinance, an agreement between the acquiring authority and the requiring body is mandatory before issuance of notice under section 3 in respect of the property proposed to be acquir......yor, DCC for releasing his 0.64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No. 1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10-4-2008. On query, the petitioner came to know..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ere further relaxed by the Mussalman Wakf Validating Act, 1913. Under the Act it was lawful for a person professing Muslim faith to create a waqf which in all other respects is in accordance with the provisions of Muslim law, amongst others, for the maintenance and support wholly or partly of his fa..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......nery operating under the Customs Act for realizations under VAT Act as well and section 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between charging provisions of a statue and the machinery part thereof and it is also well settled principle that m..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....charge of the cargo of such vessel may be proceeded with." 25. Although the provision speaks of "may' but the comprehensive reading of the other provision regarding of cargo indicates that it is a mandatory provision that after obtaining permission for bulk breaking, the cargo must be unloaded wi...... Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisions of Section 73 of the Customs Act 1969……………..(23 & 24) The term "discharg..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
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