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MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......n a glaring example of high-handedness, has failed to discharge its duties in accordance with law. 6. It is stated that the application for a fresh licence dated 17-10-2006 pertains to a large number of channels and that on account of business, operational and contractual exigencies the petit..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......f using the expression non agricultural tenancy, sufficiently indicates why the Legislature used the expression non agricultural land in section 24. It obviously shows that the purpose is to keep the number of pre-emptors limited to the co-sharers in the land, so that the land on pre­emption may no..

Category: Property Law | Date: | Hits: 39

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......roperty getting other moveable and immovable property. 26. PW 2, Md. Shamser Ali, deposed that he borga cultivated the suit land but he cannot say the area of the suit land nor can he say the plot number under his cultivation. He further deposed that plaintiff and defendant No. 1 ejmali possess t..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......Court, claimed to have been below the age of 16 at the time of trial. Before the High Court Division the argument was put forward that he ought to have been tried by the Juvenile Court. In support, a number of decisions were cited namely, the Shiplu case cited above, Kawsarun Nessa and another vs. S..

Category: Criminal Law | Date: | Hits: 167

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......িখে শুনানী ।" 13. From the aforesaid order passed by the Divisional Labour Court it appears that on 17-8­1998 the Labour Court was properly constituted with the required number of members in accordance with the provisions of section 35(2) of the Industrial Relations Ord..

Category: Labour and Industrial Law | Date: | Hits: 108

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......r allowed the application for additional statement and prayer for amendment of written statement filed by the defendant No. 2. Mr. Mahmudul Hoque, the learned Advocate for the petitioner, has cited a number of decisions as stated above, to show that the prayer for amendment of written statement and ..

Category: Property Law | Date: | Hits: 42

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ...... The real power of the directors in refusing registration of transfer was on the ground of personal objections to the transferees. The apprehension on the part of the directors in the increase in the number of shareholders was therefore found to be an abuse of power. 34. The Supreme Court of Indi..

Category: Company Law | Date: | Hits: 181

Siddik Ali Vs. State, 1987, 16 CLC (HCD)

....tion and sentence passed on the appel­lant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ...... who might have killed him elsewhere in a manner other than what has been alleged by the prosecution, we find sufficient evidence on record to show that Jitu was a bad character and was involved in a number of cattle-lifting cases and he had many enemies. It is also in evidence that there was a warr..

Category: Criminal Law | Date: | Hits: 30

Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)

....nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ......sed by the Assistant Judge, Kashiani, District Gopalganj in allowing an application under section 151 of the Code of Civil Procedure in title suit No. 134 of 84 and restoring the suit to its file and number. 2. It appears that the suit was fixed for hearing on 26.7.87 and the plaintiff filed an a..

Category: Procedural Law | Date: | Hits: 111

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......ation or a firm, carrying on, as its principal business, the management, conduct or supervision, as the foreman or agent, of any transaction or arrangement by which it enters into at agreement with a number of subscribers that everyone of them shall subscribe a certain sum by instalments for a defin..

Category: Banking Law | Date: | Hits: 136

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......on of the Court defend and protect the rights of the citizen Courts to see that illegalities are not being authorities in denying those rights. Lord Diplock used the phrase (Illegality) to cover a number of different grounds which are frequently treated separately. The most important are: (..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......oners in the Dhaka Central Jail who have been languishing there for more than 360 days and another list of children in the Dhaka Central Jail who have been languishing for more than 360 days with the number of the cases and the period of confinement. Respondents have also furnished other list of tot..

Category: Criminal Law | Date: | Hits: 45

Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......cashment on 11-7-2000 but it was dishonored. Then a legal notice was served on 17-7-2000 which was received on 20-7-2000 but the accused petitioner gave no reply to that notice. In that notice cheque number was incorrectly typed and, as such, the complainant met the accused petitioner and then the a..

Category: Criminal Law | Date: | Hits: 35

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ted illegality in dismissing the suit without any finding as to whether the defendant was a defaulter. He further submits that there being arbitration clause in the agreement and the plaintiff making number of requests for vacating the suit premises but the defendant not vacating the same and also s..

Category: Tenancy Law | Date: | Hits: 148

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... without lawful authority and being violative of section 5 of the East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970. In support of her contention, she refers a good number of decision of Indian Jurisdiction namely, State of Maharashtra Vs. Alka B Hingde AIR 1998 SC..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ich shared the Ejlash with the other judge. Same is the condition almost everywhere with microscopic exception. This also contributes for delay in disposal of cases. Again, no doubt, now a days the number of the judges have been increased, but the increase is disproportionate to the number of in..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......t, 1953 submitted that RAJUK can alter the layout plan at any time and the layout plans have been changed converting the open spaces into plots to meet increased demand for residential plots by large number of city dwellers and there is no illegality in altering the layout plan in such manner. He fu..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....he Election Tribunal found those votes ambiguous for absence of any initial or official mark inside the official seal. 15. Rule 34 of the Union Parishad (Election) Rules, 1983, says- (1) When a voter presents himself at the polling station to vote, the Presiding Officer shall, after satisfying......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..

Category: Election Law | Date: | Hits: 79

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......to consideration the commercial nature of the bill of lading which is a negotiable document it is necessary that where COGSA or Hague Rules as enacted, apply, they must be followed. Therefore, if the number of packages and the nature of goods are mentioned in the bill of lading then the words “sai..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......for the purpose of considering the legality of the actions of RAJUK and therefore, the judgment of the High Court Division is not sustainable in law. 5. It appears that there is no mention of plot number either in Annxure-A or in Annexure-K. There is no other docu­ment available on record to sho..

Category: Property Law | Date: | Hits: 23