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Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....ied about the allegation. It is their satisfaction and of nobody else. But by sub-section (2) of Section 18, the Commissioners can only ratify the satisfaction of the Secretary which is certainly not stipulated in section 26. 20. As such, the notice dated 18.07.2007, issued by the Secretary in ......nserting Subsection (2) in Section 18 on 18.04.2007, by Ordinance No. VII of 2007. Sub-section(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007 without any authorization from the Commission, but the question..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......ed with vires of Article 3 of PO 149 of 1972 and the legality or otherwise of the impugned notification Annexure‑B. In the affidavit‑in‑opposition filed on behalf of the respondents some books, periodicals and news items were mentioned and during the hearing the learned Attorney‑General has ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......sposed of with the modification of the operating portion of the judgment of this Division as under. 2. All proclamations, Martial Law Regulations, Martial Law Orders made/promulgated during the period between 20th August, 1975 and 9th April, 1979 (Act I of 1979) are hereby declared illegal, vo..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... carries equal weight. There is no question of any Judge being junior or less important than any other who is senior. Each Judge, including those who are not yet confirmed, i.e. within the two year period as Additional Judge, have the same power of pronouncing judgment and have the power also to d..Category: Constitutional Law | Date: | Hits: 228
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......lia, that bank filed Money Execution. Case No. 7 of 1995 which was dismissed on 14-5-2001 and thereafter, the Bank filed second execution case on 5-8-2002 for recovery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution procee..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... @ Basir and Abdul Jalil for the said offence but sentenced each of them to suffer imprisonment for life and also to pay a fine of Tk. 500.00, in default to suffer rigorous imprisonment for a further period of one year. Being aggrieved by the impugned order of their conviction and sentence those six..Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....or BCIC Mr. MA Samad argued that timely shipment of the consignment was the essence of the contractual arrangement and that the supplier was accordingly requested to ensure supply/shipment within the stipulated delivery period, i.e., within 10-1-2007. Mr. Samad referred to common Clause 18 of the co...... argued that timely shipment of the consignment was the essence of the contractual arrangement and that the supplier was accordingly requested to ensure supply/shipment within the stipulated delivery period, i.e., within 10-1-2007. Mr. Samad referred to common Clause 18 of the contracts dated 12-11-..Category: Alternative Dispute Resolution | Date: | Hits: 172
....iled challenging the legality of the auction notice published under Section 12(3) read with Section 33(1) of the Artho Rin Adalat Ain,2003, on the ground that the time frame of 15 (fifteen) days as stipulated in Section 33(1) had not been complied with.
3. The High Court Division on considera......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......n assessed the evidence on record and found that though the defendant claimed possession on and from 8th January, 1979, the plaintiffs having instituted the suit on 29th November, 1989 within the period of limitation, the suit is not barred by limitation. 4. Mr. Mahbubey Alam, learned counsel..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......nal within 3 (three) months from the date of making the order or decision. Sub-section (2A) provides that notwithstanding the provisions of Sub-section (2), an appeal may be admitted after the said period of three months but not later than six months, if the appellant satisfies the Administrative ..Category: Administrative Law | Date: | Hits: 206
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....public. But it does not mean or imply that they enjoy higher status than that of the persons belonging to the defence services, local Government and civil executive services. The service conditions stipulated under Articles 133 and 135 of the Constitution do equally apply to the judicial officers ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......w to revert to the Respondent No.1 in terms as done in the notice dated 17.3.2008 under Sections 241 (v) and 242 of the Act in the belief that the Respondent No.1, almost a year and a half beyond the period of expiration of the Guarantees, could still be expected in law to be bound to transact its a..Category: Company Law | Date: | Hits: 203
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ectively. The petitioner was allotted a piece of land measuring 1 bigha 1 chattak at plot No.CEN(D)‑21, Road No.103, Gulshan Model Town, PS Gulshan, Mali, which was leased out to the petitioner for period of 99 years by the Dhaka Improvement Trust for a consideration of Taka 16,206.00 on 4.4.1962...
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......of the terms and conditions specified in public notices dated 3.10.84 and 15.10.84 and it is quite clear that the petitioner opened the Letter of Credit and brought the goods to Bangladesh within the period specified in the two public notices. Therefore, he had acquired a vested right to be treated ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... by claiming, have a fide a the court after consideration of the various case decisions referred to before the Court came to a finding that a criminal proceeding cannot be postponed for an indefinite period. Moreover, the Money Suit is at its initial stage and none knows when the Money Suit would be..Category: Criminal Law | Date: | Hits: 125
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....ion that if the consideration money be paid back by purchaser to the seller within certain time, then purchaser would recover the land and that seller having repaid the consideration money within the stipulated time the purchaser reconveyed the land to the seller. Subsequently seller transferred the......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......rs time to reflect. It has not been stated on which date he was taken to the police station and thereafter to the Magistrate. According to the learned Advocate, the reason is obviously to conceal the period for which the convict appellant was in the police custody from the date of his arrest upto th..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407....... not start marketing the stored potatoes until the beginning of August although usually the selling season commences from middle of June. The Cold stored potatoes have to be marketed within a limited period before coming into market of winter vegetables which during these years come to market quite ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......n behalf of the respondent No.3-Anti-Corruption Commission made identical submissions like the learned Attorney General. He submits that the offence of money laundering had been committed between the period of 01.01.2003 and 31.05.2007 which is within the validity period of the Ain of 2002 and that ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......any, for opening a current account of the Company and Hazrat Ali illegally opened an account on 20th May, 1977 without complying with the formalities required for opening of the account for a limited period and he did not also report this to the superior authority and that a total amount of Taka 17,..Category: Criminal Law | Date: | Hits: 80
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