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Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......inister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......leged in the instant Case of illegal eviction, hounding them from their houses, dragging them out of their beds and beating them and pushing into the standing buses or acting in a passive role in the nature of aiding or abetting the owners or hoodlums in the acts of illegal eviction, dragging  them..

Category: Constitutional Law | Date: | Hits: 264

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......hich is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......reason. Thereafter, on receipt of the report from the chemical examiner the Board passed the opinion that death was due to asphyxia as a result of strangulation which was ante-mortem and homicidal in nature. If the Medical Board was certain that death was due to asphyxia, there was no earthly reason..

Category: Criminal Law | Date: | Hits: 43

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. ......ith 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. ......o there is no reason to dis­card the medical evidence as to cause of death. The doctors rightly opined that the death of the deceased was due to head injuries, which was ante-mortem and homicidal in nature. In this way we are unable to agree with above submission of Mr. Khandker Mahbub Hossain. Thu..

Category: Criminal Law | Date: | Hits: 100

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......ow. The learned Advocate referring to the injury (medical) report and the deposition of the Doctor, who conducted medical examination of the injuries of the victim submitted that having regard to the nature of injuries inflicted it has been found that there was only one injury as mentioned in the do..

Category: Criminal Law | Date: | Hits: 45

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......andoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......rty could not be dislodge in any view the sale deed dated 22.11.1994 obtained in execution Case No.32 of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388..

Category: Property Law | Date: | Hits: 21

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. ......ission 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. ......sed to act as an automation, he has to decide whether there is a dispute or not. However lim­ited that function may be, he has to ap­ply his mind and only if he finds that there is a dispute in the nature contem­plated in Article 70 he would refer it to the Election Commission, otherwise not, and..

Category: Constitutional Law | Date: | Hits: 171

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. ......ourt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rah­man J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secre­tariat, Dhaka……………………….Appe......ty a member loses his membership of Parliament, a Constitutional office. Therefor, a resignation from the party is akin to resignation of other holders of constitutional offices and must be formal in nature. 20. Mr. Moudud Ahmed on the other hand contends that by not prescribing in what manne..

Category: Constitutional Law | Date: | Hits: 138

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....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. ......nts are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... warrant. There can be knowledge of a thing only if the thing exists…………….(10) Credible Information, Source of Information If a person is arrested on the basis of credible information nature of the information, source of information must be disclosed by the Police officer and also th..

Category: Constitutional Law | Date: | Hits: 137

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....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. ......ase. 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. ......assed discharged the rule on the reasoning that the period of limitation for enquiry or investigation as provided in the Durnity Daman Commission Ain and the Rules framed thereunder were directory in nature, that the time limit provided in Rule 10 of the Durnity Daman Commission Rules for conclusion..

Category: Anti-Corruption Laws | Date: | Hits: 195

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. .......C.) 1045 it has been held that a suit filed by an idol for declaration of its title and possession of property from a person who is in posses­sion thereof under a void alienation, being only in the nature of enforcement of a pri­vate right by the idol and not being for any one of the reliefs foun..

Category: Property Law | Date: | Hits: 29

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

.... High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ......t decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 65. ......fied starch'. 3. The respondent No.1 contested by filing affidavit-in-opposition and stated that the customs authority did not demand cus­toms duly  @  37.5% but took steps to ascertain the nature and character of the imported goods for the purpose of fixation of proper duty and that the i..

Category: Fiscal/Taxation Law | Date: | Hits: 253

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. ......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ...... under section 73 of the Trade Marks Act, 1940 for infringement of registered trade mark or under section 20(2) of the Trade Marks Act, 1940 in a suit for passing off and not in a case of the present nature and further the business address of the concerned industry may be changed from one place to ..

Category: Intellectual Property Law | Date: | Hits: 211

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......ccordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......nders service in Bangladesh and that whether service ren­ders by PSI Agency is vatable. The learned Counsel continued that PSI Agency is supposed to perform its func­tion in the abroad and that the nature of the function of the PSI Agency explicitly shows that functions of the PSI Agency are to be..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ed in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......petitioner by virtue of the Secretary Committee decision dated 06.01.1997 which has got the  force of  law, because  it  is   an Administrative order/decision of binding nature and of general application based on equality and covered by legal formalities of the Rules of..

Category: Constitutional Law | Date: | Hits: 207

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......sed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......a) which are not in contradiction with the plaintiff-petition­ers claim as wrongly held by the High Court Division and the Court of Appeal; rather the said report and the map depict the actual nature and position of the suit land supporting the claim of the plaintiff-Petitioner. 5. It..

Category: Property Law | Date: | Hits: 132

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......s of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......rtainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. ………………………………….(9) The power of judicial review in the nature of  writ of Certiorari is limited to judicial and quasi-judicial bodies, as such, this j..

Category: Anti-Corruption Laws | Date: | Hits: 211

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......nterference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ...... 5. In discharging the Rule their lordship in the High Court Division also observed that the grounds taken for quashment under Section 561A of the Code of Criminal Procedure are hyper technical in nature, which cannot be considered as substantial ground for the purpose of interference under secti..

Category: Criminal Law | Date: | Hits: 163

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......ose of court fees and jurisdiction. He further submits that the High Court Division committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of the prayer sought by way of amendment to the plaint seeking relief for recovery of arrear..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....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: ......on 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: ......aning and cannot include this Court as was done in respect of Rule 19Ka and 19Kha. Mr. Khondker has also referred to 19Uma where the language employed by the framers of the law as under: 19E. The nature of the order of the courts or tribunals.- In the period of enforcement of the declaration of ..

Category: Criminal Law | Date: | Hits: 101

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......itions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......suffer loss in his capital or in profit, or in both. These are illustrative and not exhaustive, because loss may occur in various other ways depending upon the facts, circum­stances and the nature of each transaction. The governing idea is that the party in breach must equalise the injur..

Category: Alternative Dispute Resolution | Date: | Hits: 344