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Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......bit of the Bill as the declaration relates only to items 4 and 7. For such reference to the two items it can not be construed that section 3 of the Provisional Collection of Taxes Act, 1931 is not in full force on the face of declaration as has been made under section 1 (2) of the Bill. This content......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ...... and it has been further held in the said decision that when a statute uses the word ‘shall’ prima fade it is mandatory but the Court may ascertain the real intention of the legislature by carefully attending to the whole scope of the statute. He refers to the provision of Act 24 of 1970 as ......nowledge of all concerned. 3. In the united Nations Conference held in Vancouver on May 31, June 14, 1976 recommendation was made to provide shelter, infrastructures and services to less advantaged (Annexure-A) and that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......e defence much time had to be wasted because on a number of occasions the defence on various pleas went in revision the High Court Division and also in appeals the Appellate Division, though unsuccessfully proceedings remained stayed on those occasions and, as such, for the cause of the defence the ......itioner being a former State Minister o the People’s Republic of Bangladesh has tremendous influence and if he is released on b there is a chance of tampering with the evidence besides taking advantage of the bail he is likely go abroad on the plea of treatment and thus there is a chance of avoidi..Category: Criminal Law | Date: | Hits: 26
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......offence of contempt promptly begged to be excused. The facts do not show that he was at all warned of his conduct and that in defiance of such warning he continued to doze and yawn recklessly and willfully with intent to show disrespect and also to interrupt the proceedings of the Court. In the fact...... Section 228 of the Penal Code runs as follows: “228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......ccepted, and it was held that the defendants purchased the entire land of CS plot No. 371 and the plaintiffs failed to prove the right, title and possession in respect of the said land. So, at this stage the argument advanced by Ozair Farooq cannot be accepted in view of the fact that the dispute as..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......ferred To- Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 44 DLR 533; Noor Ahmed Vs. Fariduddin Ahmed and others, BCR 1987 (AD) 152; Idris Ali and another Vs. State 38 DLR 270 M Lutfullah Vs. Bibi Badrunnessa 20 DLR 1019, Nirman Singh Vs. Thakur-III Rudra Protop Narain Singh, AIR ......ribunal which has to decide rightly after hearing evidence and opposition.” Corpus Juris Secundum defines the word ‘Court’ generally- “Broadly speaking a Court is a judicial tribunal engaged in the administration of justice, although the precise meaning of the term in any particular co..Category: Criminal Law | Date: | Hits: 59
....by producing them before the concerned Magistrate who declared some of them vagrants under the law and being satisfied were sent to the vagrant home. It has further been stated that the prayer by the woman’s mother to ascertain the whereabouts of her daughter and grand daughter were duly received ......nd pushed into wrongful confinement. The petitioners have further asserted that in the process of forcible eviction of 2667 permanent residents as well 300 casual residents of the area have been forcefully evicted driving them from their homes and living and livelihood putting them under the sky in ......the petitioners asserted themselves to be non-profit making voluntary organizations doing social welfare activities and are also representing 54 other organizations with like aims and objects, are engaged in protecting the vulnerable groups of people including those women involved in prostitution. A..
Category: Constitutional Law | Date: | Hits: 264
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......g Port Authority and as a result Amin Agencies Limited got rid of the eviction order. Fact also remains that the writ petitioner filled up the ditch and the low lying area by filling earth within the full knowledge of the Chittagong Port Authority and Amin Agencies Limited, The present leave petitio......n in Writ Petition No.4310 of 2001 making the Rule absolute. 2. The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporated in the year 1963 is engaged in Tank Terminal business upon obtaining a permission from the Chittagong Port Authority, respo..Category: Property Law | Date: | Hits: 33
Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......ed that he is absolutely innocent and the did not know anything of murder incident and he was falsely implicated in the case as because a dispute arose in between Salma Begum wife of Mizanur Rahman's full brother and his mother in respect of land property situated in Khilgaon Rehabilitation area. ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......he case are as under:- The deceased Joyanti Munshi daughter of informant Lusil Sadekin was an Architect and Senior Teacher of Australian International School at Gulshan, Dhaka. On 10.03.2000 her marriage with accused Azam Reza was solemnized. After marriage they had a happy conjugal life for 3½ y..Category: Criminal Law | Date: | Hits: 100
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......resent:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Saudi Arabian Airlines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejga..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....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. ......termine it and the decision of the Commission on such reference shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4)’. 29. From a reading of the Article it may be summe......nt)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission, PLD 1969 (Lahore) 602; Fazlul ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......nt posts because of their legitimate expectation that they would be absorbed in the revenue budget. In the appointment letter of the petitioners were specifically mentioned that they supposed to work full time in the project and in the project not absorbed in the revenue budget after its completion ......Court Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Pe..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....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. ......r. Md. Alauddin, now a State Minister, the contents of which are more or less the same. In these letters it has been alleged that the said members of Parliament being the members of BNP and knowing full well that their own political party BNP is not a partner/supporter of the Hon’ble Prime Min......hat Article 70 of the Constitution is a restriction on freedom of conscience and on the rights of the members of Parliament and its reach cannot be extended beyond the literal meaning of the language used and therefore Article 70 is to be strictly construed. 6. The writ-petitioners filed ..Category: Constitutional Law | Date: | Hits: 138
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......it. On appeal being Title Appeal No.89 of 2001, the learned Additional District Judge, Fifth Court, Dhaka, allowed the appeal by his judgment and decree dated 27.02.2006 and decreed the suit in full, holding that Osman Miah and Osman Gani were not the same person. 5. Being aggrieved, th......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..Category: Property Law | Date: | Hits: 21
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......Police‑officer, Provided that the requisition specified the Person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
9. From the above ......awful and that the victim was subjected to torture, cruel, inhuman and degrading treatment. He has further submitted that the victim should not be asked to seek relief in any other civil Court for damages and compensation. Mr Amir‑ul Islam also referred to some decisions of Indian jurisdiction, (1..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
.... in order to kill him and on receiving about 7/8 bullets the victim fell down on the ground and then the respondents and others accused left the place and then the companion of the victim and another woman took the victim to the nearby National Hospital and then as the physical condition of the vi......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......e victim. The police, after investigation, submitted charge-sheet against the respondents and other accuseds under section 302/34 of the Penal Code. After receiving the case record the learned Mahanager Sessions Judge, Dhaka registered it as Mahanagar Sessions Case No. 3656 of 1999 and framed char..Category: Others | Date: | Hits: 93
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....shan at about 13.30 hours. However, Md. Shawkat Alam made queries to the Local Commissioner Kazi Kadam Ali and others about the occurrence. In course of queries, it transpired that the dead body of a woman had been lying in Pir Hatikhana Beel. Soon afterwards, Md. Shawkat Alam along with the Commiss......er and bound the neck of his mother by napkin. After sometimes the victim died. Thereafter Hanif looked for victim Sadia alias Sufia alias Safia and by torch light found her under a bedsheet and forcefully took her away from there and the convicts Hanif, Mannan and Hannan by pressing her neck killed......l Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sending the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of Criminal Procedure and for disposal on merit i..Category: Others | Date: | Hits: 83
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... appellant submitted that the High Court Division committed error of law in not holding that as per Section 168 of Mohammedan Law an undivided share of unusable property capable of division may be lawfully transferred by Heba-bil-Ewaz and as such the Heba-bil-Ewaz deed No. 37889 is valid and there......ddin Dewan during his life time gifted 7 kathas of land by Heba-bil-Ewaz being deed No.37889 dated 24.11.1980 to his daughter Shamsun Nahar (defendant No.1). Imamuddin Dewan died on 02.04.1985 at the age of 93 years. In later part of 1980 he was not keeping good health and his memory was failing. So..Category: Property Law | Date: | Hits: 33
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......e prayer of the petitioner to keep Trade Mark GX 06661 hut restraining him from using the words "BISCI Tongi" or বিসিক টঙ্গী on the body of the fan produced by him or in the package/cartoon of the fan produced by him. 2. The petitioner filed Application No.26527 dated 14..Category: Intellectual Property Law | Date: | Hits: 211
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