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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....unciated by some American Judges in construing the American Constitution. This doctrine of waiver can be invoked when the constitutional or statutory power or guarantee of a right is not conceived in public interest. But, if the privilege conferred or right created by the statute is solely for the b......nd this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind.” The supremacy o..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....FIR for the disputes they had with the deceased over contracts for sale of land with them. In all 18 witnesses were examined by the prosecution. Of them, P.W. 1 to P.W. 12, P.W. 14 and P.W. 16 are public witnesses while P.W.s 13, 15, and 18 are official with P.W. 1 is the informant as stated abov......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
....in his occupation within a period of seven days from the date of service of the notice.
“Provided that the Deputy Commissioner may where he is satisfied that thirty days’ notice will not be in public interest, reduce the period of such notice to not less than seven days.”
It is to be not...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....ntiff is illegal and also for a further decree that the auction schedule to be held on July 31,1985 or, thereafter, is highly illegal. The Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh and others had been impleaded as defendants. Averments made in the plaint were ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
....tafa, Deputy Attorney- General—For the Respondents.
Writ Petition No. 338 of 1998.
Judgment
ABM Khairul Haque J.- This Rule Nisi under Article 102 of the Constitution of the People’s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Go......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....earned Advocate further submits that Article 152(2) of the Constitution provides that in interpreting the provisions of the Constitution the General Clauses Act, 1897 will be applicable and statutory public authority has been defined in Article 152 of the Constitution which obviously includes a loca......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....f the said cases are clearly distinguishable from the facts and circumstances of the instant case before us. We therefore find no merit in this Rule.
8. Before parting we like to observe that when public authorities take any decision in public interest, as in the instant case by accepting the hig...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....elled to shift from place to place and as a result it is difficult to find out such persons after long intervals. That also might be the reason for failure of the prosecution to produce the remaining public witnesses in spite of issuance of warrant of arrest. Whatever might be the reasons of delay c......gainst the appellants. Had the appellants produced the copy of the earlier orders we could see exactly what reasons were assigned by the Special Tribunal for rejecting prayer for bail. 6. When the peace loving overwhelming majority of the people of the country are at the mercy of the few unlicens..Category: Criminal Law | Date: | Hits: 35
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... such order. We could not find any authority for making one revision application against every impugned order. Thereby, multiplicity of proceedings would only be encouraged, which must go against the public policy. In support he cited Abdul Latif Chowdhury vs. Md. Noor Hossam and others, 1997 BLD (A...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... 2. The facts leading to the issuance of the Rule, in brief, are; On 22-11-1998, the Ministry of Posts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) fo......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....onal and doctrinaire limits. From a positivistic point of view, equality is antipathetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies, one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an Act is arbitrary, i...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Kabir,Advocates—For the added Respondent No. 7. Writ Petition No. 3028 of 2005. Judgment Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why they should not be directe......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....ment and the innocent citizens of the country and the society as a whole will suffer. Keeping in view the Latin maxim Salus Populi Suprema Lex, the safety of the people is the Supreme Law and Salus Republicae Supreme Lex, the safety of the State is the Supreme Law, society and innocent public are to......e Law and Salus Republicae Supreme Lex, the safety of the State is the Supreme Law, society and innocent public are to be protected from criminals, offenders and armed cadres who are menace to public peace and rule of law. Social stability and order are required to be regulated by punishing offender..Category: Criminal Law | Date: | Hits: 58
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....cal to that of the plaintiff. Use of two elephants by the defendant has caused confusion in the market and thereby, the defendants are passing off their tyres as those of the plaintiff. Customers and public in general are being deceived. The defendants have been manufacturing and selling rickshaw ty...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....omaly. The appellate Court in its judgment (page-22 of the judgment annexed with the application for injunction filed by the Writ Petitioner) observed, that the suit was filed on 12-9-1986 i.e. after publication of the Gazette Notification and listing of the property as abandoned. But from the certi......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
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Category: Property Law | Date: | Hits: 103
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....he map. Without providing opportunity of hearing to the Pourashava Chairman and the Commissioner, the respondent No.2 published the newly created nine Wards and in objections and suggestions from the public against the said newly created nine Wards. Lalmohan Pourashava made strong representation on ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ilding near the old Airport without prior obtaining clearance about the height of the building from the Civil Aviation Authority. 24. On various occasions, the Civil Aviation Authorities published public notifications in the national media informing the people of the restrictions of construction ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....vision (Special Original Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdur Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the People's Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Dacca. 2. The Director......ere held to signify only the personal satisfaction of the Home Secretary. It may be added that the construction in question was adopted in connection with a war-time measure. We are here dealing with peace time legislation and taught questions of security of the State "or public order may involve at..Category: Constitutional Law | Date: | Hits: 291
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