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Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ....... 5. Admittedly after repealing the Banking Companies Ordinance, 1962, the Banking Companies Act of 1991 which is Act 14/1991 has been promulgated in this country and the banking companies are now fully guided and operated under this new law. Admittedly the dispute is over certain fixed deposit a......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
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. ......been entrusted cannot delegate the exercise of its discretion to another unless clearly authorised to do so. (6) An authority must not fetter its discretion. (7) Finally, an authority acts unlawfully if it fails to fulfill a statutory duty. The General Assembly of the United National resolu......man rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of law including taking action in the public interest to protect public property and rights, as envisaged by the law and the Constitution. Meanwhile during last three years BLAST has provided legal aid..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.......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.......as been providing legal advice, assistance and representation to the poor and marginalised sectors of society for over ten years. The ‘Daily Star’, a reputed national newspaper published a front page news report dated 23 December 2003 entitled ‘Behind bars, sans trial for years: 155 Dhaka Cent..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......n Tribunal. We may quote Article 51, which runs as follows: “51. (1) Every election petition shall contain- (a) a precise statement of the material fact on which the petitioner relies; (b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been commit......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
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. ......eous Appeal No.151 of 1995 he did not deposit any rent of the suit premises. Without going further deep into the matter it may be held that a tenant is protected from ejectment if he paid rent to the full extent permissible under the Ordinance and in view of section 18(1) of the House Rent Control O......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. ..Category: Tenancy Law | Date: | Hits: 148
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 ......er in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally g......hat she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publis..Category: Criminal Law | Date: | Hits: 130
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......y following inconsistent policy by disregarding undertaking statement of intent. But if the published policy is to be changed then the person to be adversely affected a by such change should be given full and serious consideration when there is some overriding public interest justifying the new depa....../PROSHIKA was also represented by its Chairman who was invited by notice dated 25-1-97. ADAB/PROSHIKA helped in the formulation and development of the project by the Ministry of Land at the initial stage as can be seen from the demy official memo dated 7-5-97. At different stages of the formulation ..
Category: Civil Law | Date: | Hits: 92
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
...... Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be accepted as there is full compliance of section 7 of the Artha Rin Adalat Ain.
4.The Artha Rin Adalat Ain provides tha......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
..
Category: Banking Law | Date: | Hits: 108
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......ued over a decade for filing Civil Revision under section 115 of the Code of Civil Procedure which requires that a Revisional application is to be filed within a period of 90 days and he submits with full force that it is not a fit case for condonation of delay and the petition under section 5 of th...... Province of East Pakistan Vs. Abdul Hamid Darjee and submits that law does not make any discrimination between the Government and a private litigant, in respect of condign the delay Negligence of an agent or a servant of the Government is not a sufficient cause to condone the delay. He also cited a..
Category: Procedural Law | Date: | Hits: 88
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ant’s No.1 and 2. He is an Aeronautical Engineer, but did not produce papers. The learned Subordinate Judge, after considering facts, circumstance as well as evidence on record decreed the suit, in full. 12. Now the only issue to be decided in this appeal is whether the impugned judgment and de......e 1955 their petroleum depot is functioning and before paying octroi to the plaintiffs they used to pay octroi to the Khulna Municipality and this DW1 has submitted a statement containing of (eight) pages in respect of payment of octroi to the plaintiffs from July, 1978 to June, 1981 and this statem..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......r 21 Rule 90 of the Code of Civil Procedure on 25.08.2005 and that application was registered as Miscellaneous Case No.58 of 2005. Admittedly that miscellaneous case was dismissed by the Adalat after full hearing and consideration. Rule 89(2) of order 21 of the Code of Civil Procedure provides that ......bank filed Execution Case No. 142 of 2000 and complying with the provisions of the Artha Rin Adalat Ain, 2003, and under direction of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment debtor-petitioner hereof entere..Category: Civil Law | Date: | Hits: 79
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......itted error of law in not overriding the appellate court findings on the issue of title in the premises of provisions of sections 89 and 181 of the Bengal Tenancy Act and in the light of reported age old decisions of the superior courts as regards incidents of service tenancy distinguished from ..Category: Property Law | Date: | Hits: 27
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......asin appointed Md. Aynul Miah, their attorney by an irrevocable Power of Attorney, executed and registered on 08.11.1988, on the ground that Hajera Bibi was unable to move freely because of her old age and her son Md. Yasin was leaving Bangladesh shortly for taking up job abroad. The Power of Atto..Category: Property Law | Date: | Hits: 21
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......ion is finally arranged. The Superintendent of Central Jail Dhaka shall report about the release of the above prisoners within 3(three) months. The Inspector General of Prisons is directed furnish full particulars of the remaining 822 fore prisoners and also to report within seven days as what st......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......ister the petitioners as voters. 3. All the ten petitioners claim that they are Urdu speaking citizen of Bangladesh, permanent residents of the Mohammadpur area residing at the Geneva camp and are fully qualified to be registered as voters under the laws of Bangladeshi. But in the electoral rolls......f their birth either in the then East Pakistan or in the independent Bangladesh; that they are permanent residents of the Mohammadpur area and residing at Geneva Camp; that they are above 18 years of age and not otherwise disqualified to be voters. In Support of his submission, Mr. M. I. Farooqui re..Category: Election Law | Date: | Hits: 94
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....f the status of a Thana Education officer could utter the word "বেশ্যা" (prostitute) to a Headmistress of a Government Primary School is not comprehensible. It is the personal choice of a woman to wear veil or to cover her head. Any such attempt to control a woman's movement and expressi......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......-for respondent No.3. Writ Petition No. 4495 of 2009. Judgment Syed Mahmud Hossain J.- On 28.6.2009, the learned Attorney General Mr. Mahbubey Alam produced 'The Daily Samakal' in which at page 9 a news item was published under the caption "অসভ্য" (uncivilized). 2. Having gone..Category: Constitutional Law | Date: | Hits: 201
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......rder of conviction and sentence are based on legal evidence on record and this appeal is liable to be dismissed. 10. We have examined the records and the evidences available in the records carefully. Informant PW 1 Abdul Jalil, brother-in-law of deceased victim Noor Mohammad, deposed that PW ......t aside. 2. The case of the prosecution, in brief, is that in the night of 6-8-91 accused Shahjahan and deceased Noor Mohammad were sleeping in the Doala Ghar of Abul Hossain of Bara Shiba village, at about 12-30/1-00 AM. Shah Alam, Sanu and Siddik entered into Doala Ghar to commit dacoity, a..Category: Criminal Law | Date: | Hits: 38
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......xure ‘A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava has been curtailed unlawfully from the Nikah Registry area of the petitioner contrary to the provision of law and rules as t......espondent No. 1 who denied all the allegations in the rule application stating, inter alia that the area has been lawfully curtailed as the respondent has authority under section 4 of the Muslim Marriages & Divorces (Registration) Act 1974 to extend, curtail or otherwise alter the limitation of ..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......Senior Assistant Judge, Narayanganj. Pre-emptee-petitioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......ted by the Investigating Officer himself dated 9-1-2001 filed before the Court on 10-1-2001 that in view of clear admission of the Investigating Officer that accused Labu Mia was a child of 4/5 years age no offence appears to have been committed by him. He, therefore, submits that this is a fit Case..Category: Criminal Law | Date: | Hits: 101
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