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State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....was caused by hemorrhage and shock following an injury sustained by a bullet fired from a rifle. Therefore, from the postmortem report, it is clear that deceased Sony died of bullet injury. The other public witnesses in their evidence stated that they heard that on the date and time of occurrence a ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......e rent of the said shop but having failed; he is trying to dispossess the petitioner from the rightful ownership and possession. The petitioner tried to resist them and there arises serious breach of peace including committing of murder. Therefore, a proceeding under section 144 of the Code of Crimi..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....earned Advocates and perused the application as well as the evidence and materials on record. It appears that the place of occurrence is a restaurant which, at the time of occurrence, was open to the public and, therefore, for an offence of criminal trespass there must have been intention to commit ......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ny Act, Ordinance, Regulation, Rule, Order or by-law which immediately before the 26th day of March, 1971, had the force of law in whole or any part of the territories now comprised in the People's Republic of Bangladesh shall, until repealed or altered or amended by competent legislature or other c......ding to show that treatment was received by the victim have not been exhibited at all in this case and cannot be considered as evidence. Thus, although I am inclined to accept that an occurrence took peace and that the informant, who was the victim of the occurrence, received an injury on her head h..Category: Criminal Law | Date: | Hits: 97
....vice. It is stated that the impugned Memo was issued mala fide and discriminatory by infringing the fundamental rights of the petitioner under Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh.
7. Being aggrieved, the petitioner has also filed Writ Petition No.9 of 200...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....itted; it should also be careful not to award a sentence that on account of its manifest inadequacy would fail to produce a deterring effect on the offender and serve as an eye-opener for the general public. The punishment must be commensurate with the crime. 24. With this view in mind, we also m......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....val of the mark. 4. Opposite party No. 1 contested the application by filing affidavit in opposition denying the statements of the petitioner. It is stated in the affidavit-in-opposition that upon publication of the opposite party's trade marks in the Trade marks Journal No. 109 for January, 1988......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
.... learned Sessions Judge took up first the complaint case (Sessions Case 28/2001) for trial and after conclusion of the prosecution evidence in Sessions Case 28/2001 a special application was filed by public prosecutor and moved before said learned Additional Sessions Judge to call the witnesses of p......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....the decision in the case of Shafiqul Islam and others Vs. State reported in 46 DLR 700 wherein their Lordships decided that a divorce under the Ordinance is not a unilateral act, rather it involves a public authority in the matter. It precludes a divorce or talaq from being effective for a period of......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... lying in the godown of the bank, had become unsuitable for human consumption by' lapse of time and that the petitioner and respondent No. 2 have agreed to sell out the same as livestock food through public auction. A Division Bench of this Court, by order dated 21-6-2004 permitted the defendant-pet......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... Quamrunnesa, Assistant Attorney-General—For the Respondents. Writ Petition No. 3838 of 1998. Judgment Fazlur Rahman J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned or......n in situ in 1974-75 and became fit for cultivation. While the lands reappeared to their old site, the petitioners repossessed the lands within the knowledge of the respondents 3-5 and having been in peaceful possession they paid rents of the said lands up to 1983, Unfortunately, the lands of the ab..Category: Property Law | Date: | Hits: 99
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....dated 16-9-2003 informed the plaintiff that the value of the goods quoted by him was found unsatisfactory and, as such, the authorities did not accept his quotation and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not invest the amount o......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....যুক্ত ক্ষতিপূরণ পাইবে। " On a reading of the aforesaid clause, it is evident that there is a provision for cancellation of the settlement on the ground of public requirement. Moreover, a provision for compensation has also been incorporated in the aforesa......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....s work causing delay in the trial of serious cases and that provision is made in the new section for performing certain preliminary functions like granting copies, preparing the record, notifying the public prosecutor, etc. It was further observed "It will be convenient to refer to this process as c......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Court held in Delhi Cloth & General Mills Ltd. Vs. Union of India, AIR 1987 SC 2414— "It is, however, quite fundamental that the doctrine of promissory estoppel cannot be used to compel the public bodies or the Government to carry out the representation or promise which is contrary to law ...... 1 (kha) property. The agreement as claimed by the plaintiff with the Ministry of Industries must be held to be illegal and not enforceable in law. The lessee’s shopkeepers were still in possession peacefully. 7. On the pleadings following issues were settled: a. whether the suit was maintai..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....an Vs. M Abdul Hye Chairman of the Election Committee and others, 48 DLR 569; Sultana Nahar Vs. Bangladesh and others, 1998 BLD 363 = 2 BLC 430; Md. Abdur Rashid Khan Vs. Government of the People's Republic of Bangladesh, 6 MLR (AD) 8; Shahabuddin (Md.) Vs. Secretary, Ministry of Youth and Sports an...... If the order of cancellation stands he is prejudiced in two ways, Firstly, there is the ignominy of a charge that the petitioner is guilty of something which is prejudicial to the security of public peace and secondly, his chances of procuring a fresh licence are greatly prejudiced if the cancellat..Category: Information Technology Law | Date: | Hits: 324
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....d as such, the same is liable to be interfered with. The learned Counsel further submitted that the High Court Division acted illegally for declaring any decision of cabinet committee terming against public procurement regulations and also directing to enter into contract with any other lowest tende......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
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Category: Others | Date: | Hits: 164
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....s bound to pay back Taka 1,75,925.00 within 6-11-88. It is also an admitted fact that the bank entered into the transaction after purchasing medicines worth Taka 1,60,000.00 which is the money of the public. Excepting payment of Taka 11,000.00 till date the defendant has not paid a single farthing t......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..Category: Banking Law | Date: | Hits: 199
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