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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....n behalf of the petitioner are that the High Court Division acted illegally in maintaining the conviction without application of its judicial mind, and secondly, the High Court Division acted in excess of jurisdiction in enhancing the sentences of fine reduced by the Court of appeal below in th...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....further alleged that all the international airlines, who are in the business today, do not allow extra weight to be carried, along with the passengers, unless a specific reasonable charge for every excess weight, fixed by the said airline, is being paid. But Biman is the only airline, who allows ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......ospitals are being denied. Moreover Article 11 of the Constitution
of the Republic speaks of the peoples right to medical treatment. So the
authorities can not obstruct this right. Rather it is the duty of the
government to give full support for arranging better treatment in the
government hospi..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......ction letter as well as the normal banking practice as such, the impugned judgment, and decree is liable to be set aside. Relied upon the decision reported in 37 DLR (AD) 1, he submits that it is the duty of the Court of law to assess and imposed interest at the time of passing of decree considering..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......r between two different Sections or provisions of the same statute. 19. On a conspectus of the case law indicated above, the following principles are clearly discernible: (1) It is the duty of the Courts to avoid a head-on clash between two Sections of the Act and to construe the prov..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
....can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:......d this area. It is hence, always necessary to
keep traffic moving at the Karwanbazar area, which is being jeopardized by the
unholy move to turn the car park into shops.
7. The respondents are duty bound at all time to serve the
people and to perform public duties. The respondents are liable..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......g that he was dead. Witnesses Abdul Ahad, Abdur Rahim, PWs younger brother, Abdul Jalil and the PW took the victim to Jaintapur Hospital by a Baby taxi, but his condition being serious the doctors on duty asked the P.W. to take the victim to Sylhet MAG Medical College Hospital and then they took the..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... 2; portion in hats and bazaars which do not fall within the definition of hat or bazaar and having structure and held under lease; khas lands to the extent of 100 standard bighas; khas lands in excess of the above limit where a rent-receiver, cultivating raiyat or cultivating under-raiyat has ......nflict to give the provision containing non-obstante clause an overriding effect over any other provision of the statute. But, when the two provisions are apparently inconsistent, it is the duty of the Court to harmoniously interpret those provisions so that both the provisions may be..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... The Accused-Petitioner examined the patient and also advised him to take admission if he is not able to consume food. On 07.05.07 at about 3 p.m. the informant took his son to hospital where the duty doctor asked Dr. Shapan Kumar Kundo (Accused No.1) to examine the patient. The Accused No...Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... terms as it thinks fit. Section 17 is the enabling section which empowers the appellant to prefer an appeal against the judgment and decree passed by the trial Court only on the ground that it is in excess of, or not otherwise in accordance with, the award. Court has to see whether there is an......tan in the case of M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR, 65 wherein it has been held that the provisions of section 17 of the Arbitration Act imposes a duty on Courts "17...... to see that there is no cause to remit the award or any of the matters..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ....... Rather as per clause 8 and 9 respondent No.3, the land owner has no option but to put his signature in the agreement and if he does not put his signature in the agreement, he will be failing in his duty according to the terms of agreement and this will not render the agreement void." 17. The ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ...... on 17-2-1993 at about 1.00 PM was apprehended with a pistol and 6 cartridges from the crossing point of Road No.14, and Shere Bangla Road of Dhanmondi area by the police personnel who were on petrol duty in that area; with regard to recovery of such pistol and cartridges Dhanmondi Police Station Ca..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....uty of the goods at Taka 5,70,55,908.85 and issued the assessment notice. Upon receipt of the said assessment notice, the appellant paid customs duty Taka 78,20,555.25 under HS Code No.8471.80.00 and excess duty for the difference of the duty between the HS Code No.8471.80.00 and HS Code No. 85......appellant had submitted bill of entry No.C dated 1-10-2006 and documents including CRF Certificate No.IT 06104591 to the customs authority for release of the goods on payment of custom duty in accordance with law. 5. Upon receipt of the documents, the Customs Authority refused to..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... the other hand the learned Advocate Dr. Sharif Bhuiyan, appearing on behalf of the respondents submits that under the Provisions of Article 1 Section 4 of the management agreement the petitioner was duty bound to keep the title in the project land till the tenure of the management agreement. But si..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ...... release of the goods now lying under the custody of the Commissioner of Customs (Import), Customs House, Chittagong, i.e. the respondent No.2. But the respondent No.2 most illegally imposed higher duty from the CRF Value with a malafide intention. Against which the petitioner brought the Writ P..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ...... the cheque, besides being crossed generally, is said to be crossed "account payee." (2) when a cheque is crossed "account payee" (a) it shall cease to be negotiable; and (b) it shall be the duty of the Banker collecting payment of the cheque to credit the proceeds there of only to the ac..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......t. It is specifically mentioned herein that the Gains Tax paid by the Purchaser-Second Party shall not be deducted from the consideration money. 3. That the Purchaser undertakes to pay the stamp duty for the Sale Deed under Article 23 of Schedule 1 of the Stamp Act, 1899 as amended up to date a..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......Hon’ble S.C Judges. The petitioner seeks to bring this application by invoking Article 102 of the Constitution as a public interest litigation in order to protect the right to life, which is the duty of the petitioner as a court officer. The petitioner came with the application because the Hon..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ganisation and Conditions) Act, 1975 and he has a vested right to continue in the service till the age of retirement at 57 years unless he was Otherwise legally terminated or removed and BJMC has a duty to take back or reinstate him in his service. 5. The Rule was contested by writ-respond..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......যায়ী আপীলটির নিষ্পত্তি করিবে৷” 8. Now Section 194 of Customs Act, 1969 reads as follows: "194. Deposit, pending appeal, of duty demanded or penalty levied.- (1) Any person desirous of appealing under section 193 or secti..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
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