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Category: Constitutional Law | Date: | Hits: 264
Category: Election Law | Date: | Hits: 116
Category: Property Law | Date: | Hits: 21
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and P...... be. Similar questions relating to members of the Legislative assembly or Legislative Council of a State are dealt with, under Article 191 and 192 of the Indian constitution. 37. The corresponding Pakistani Article is Article 63 of the 1973 constitution and article 104 of the 1962 constitution. A......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....nt No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the opposition in their letters to the Speaker (Annexure-A and Al) regarding two BNP members of Parliament to the Election Commission within 30 days of receipt of the order. 2.......handker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486. La......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... rest of othÂers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile  Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for regÂistrat......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..Category: Intellectual Property Law | Date: | Hits: 273
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......llants and stating, inter alia, that Shihamul Haque, his father Enamul Haq and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from India, Chaturi Tanti along with Shibulal, Bhutu, Surjagaya and Nathu......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....From the judgment and order dated 20-11-2008 passed by the High Court Division in Criminal Miscellaneous Case No. 11212 of 2008). Judgment SK Sinha J. - The appellant Habibur Rahman Mollah, ex-member of Parliament, submitted his statement of wealth including the members of his family to the D......is always reluctant in interÂfering with the said proceedings at an interlocutory stage by invoking its power. In this connection I would like to reiterate the arguments made by the Supreme Court of Pakistan in MS Khawaja vs State, PLD 1965 SC 287 = 17 DLR SC 153 as under: "Every prosecution for......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Category: Property Law | Date: | Hits: 23
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
.... handed over by the Government to the original allottee Syed Nazir Ahmed on 07.08.1953 and after takÂing over possession Syed Nazir Ahmed had been owning and living in the buildÂing with his family member peacefully by paying rents, dues and taxes etc. While the original allottee Syed Nazir Ahmed ......as allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilitaÂtion by an Indenture of Agreement conÂcluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The afore......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....ather Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence of Bangladesh, the marriage ceremony of his daughter, the respondent wa......use to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his relaÂtives and died there. During the disturÂbance in 1975 the respondent wa......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
Category: Constitutional Law | Date: | Hits: 207
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
.... to 285.13 US$ 1.466 per Dollar. (iv) Malaysian Ringit: 432 equivalent to 130.12US$ 3.32 per Dollar. 3. They also seized from the house 5(five) international passports belonging to other family members of the accused on the allegaÂtions that the accused brought those foreign currencies into B....... It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported in 1968 PCrLJ 97, a case initiated under the provisions of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the alleg......thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....holder and 77.78% higher than the average earning of the Bangladesh Railway. By the letter dated 14.08.2002 it was intimated that the Standing Committee in which the writ-respondent No.4 was also a member approved the tender and the approval of the Standing Committee was also approved by the wri......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance from the senior members of the Bar as Amicus Curie. Accordingly, we invited some senior members of the Bar for the p......d Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (AD) 6; Jafar Ul Ahsan Vs. The Republic of Pakistan, P.L.D. 1960 (SC) 113; Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
.... some news papers. But the investigation officer did not collect evidence to prove that but submitted final report to the Court. Thereafter the defendant brought a permanent injunction against the member of the Shebait committee and after taking the plaint of the said permanent injunction t......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..Category: Civil Law | Date: | Hits: 110
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
.... Court Division issued Rule and also stayed the operation of the said order and when the above writ petition was pending, the petiÂtioner, again ignoring his appointment as Mutawalli, formed a seven member comÂmittee and appointed the respondent No.1 as Mutawalli of the wakf estate and President o......rrect decision and there is no illegality or infirÂmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infirÂmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518