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State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......d on the part of the actor. Before presumption as to mens rea is to be displaced, strict liability must be required to give practical effect to the legislative intention. Statutes which take away the rights of parties under the ordinary law, particularly the provisions which impose penalty, have to ..Category: Criminal Law | Date: | Hits: 43
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......uit land, which was accordingly record in his name in CS Khatian No. 315. Tamej Sheikh transferred said land to Nandalal Das and Bateswar Das, sons of Mohan Das and delivered possession. SA record of rights was separately prepared in their names. By a registered deed of sale dated 24‑12‑1969 Nan..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......Services Trust (BLAST) and others Vs. Bangladesh and others, 55 DLR 363. 8. Mr. M Arnirul Islam, learned Council like Mrs. Tania, stresses upon the police excesses and the violation of fundamental rights of the detenus in the hands of the police. He submits that no action detrimental to the life,..Category: Criminal Law | Date: | Hits: 70
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ...... whether before or after a decree whenever it appears to it to be just and convenient. The object and purpose of the appointment are to preserve the subject matter of the suit pending decision of the rights of the parties. It however rests with the discretion of the Court. 11. What is just and/or..Category: Property Law | Date: | Hits: 69
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......at in the event of the tenant committing any breach of any of the covenants of this indenture otherwise than payment of rent, taxes, etc. the lessor shall be at liberty without prejudice to any other rights that he may possess after giving one calendar month's notice in writing to determine the righ..
Category: Property Law | Date: | Hits: 73
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......rt of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other rights of another person, then in the absence of any express was in the enactment giving such power ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......remained outstanding. Now, the plaintiff seeks for a decree for that amount as well as further damages for nonpayment of the remainder of the agreed compensation. Mr. Rokanuddin Mahmud submits, the rights and obligations under the contract do no more subsist and consequently, the arbitration claus..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......red by the predecessor of the plaintiffs by oral lease in the month of Baishak, 1360 BS. There was a subsequent registered dakhila dated 27‑4‑54. It is further stated that the RS and SA record of rights having been wrongly prepared in the name of defendant No.1, who claimed false title to the su..Category: Property Law | Date: | Hits: 61
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......aming of new Service Rules does not mean the amalgamation or unification of the Services. He has further submitted that section 8 of the impugned Act is also violative of the petitioner's fundamental rights as guaranteed under Articles 27 and 31 of the Constitution and that the said Act gives the au..Category: Employment/Service Law | Date: | Hits: 116
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... as frivolous, misconceived and, as such, not maintainable. 4. Mr. KS Nabi first, raised an objection on maintainability on the ground that the dispute raised by this writ petition arises out of a contractual agreement and, as such, the High Court shall not exercise its power under Article 102 of...... Bench in an illuminating passage says; “The jurisdiction conferred by Article 226 is in very wide terms. This Article empowers the High Court to give relief by way of enforcement of fundamental rights and other rights by issuing directions, orders or writs, including writ in the nature of habe..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......hat advance and or partial compensation is paid and the possession of the land is taken over by the Government and given it to the requiring body the owner of the land requisitioned will lose all his rights over the land save the right to have compensation and cannot question the manner of use and u..Category: Criminal Law | Date: | Hits: 37
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....stake cannot go in favour of the Government instead the buyer would get the benefit in repaying the loan, The matter was ultimately referred to the Attorney-General who opined that the buyer is under contractual obligation to pay the loan as long term loan as per deed of agreement. The petitioner....../I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner’s fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 2. The facts as stated in the pet..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......dure and the same has occasioned failure of justice. The learned Advocate further submits that this sort of order evidently betrays a total lack of application of the judicial mind in determining the rights of the litigants before the Court and, as such, the same cannot be sustained in law. The l..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......ed to possess only 1/3rd of the total land of 0.47 acre and defendant No. 2 Intaj Biswas also used to possess his portion of the said purchased land. 12. These evidence together with the record of rights belie the claim of the plaintiff and clearly shows that although 0.47 acre of land in plot No..Category: Property Law | Date: | Hits: 72
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... 29. In Morris [Morris V. The Crown Office (1970)1 All ER 1079.] Lord Justice Salmon Spoke: "The sole purpose of proceedings for contempt is to give our Courts the power effectively to protect the rights of the public by ensuring that the administration of justice shall not be obstructed or preve..Category: Criminal Law | Date: | Hits: 163
....gladesh Biman Corporation the respondent No.1, filed an affidavit-in-opposition containing, inter alia, that the writ petitions are not maintainable on the ground that the petitioners seek to enforce contractual terms and conditions of service which are governed by the law of contract and cannot be ...... already observed Biman Corporation has in utter disregard and violation of the original contract entered into a new contract with new terms and conditions which have clearly taken away some valuable rights given under the original contract and instead of renewal of the contract Biman made a new con..
Category: Employment/Service Law | Date: | Hits: 113
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......anies Act except those of writing the word ‘Limited’ or the obligation of sending list of members to the Registrar.
26. He submits the Companies Act is a complete code, containing obligations, rights and privileges of the companies under that Act to enjoy and perform, as the case may be. The ..
Category: Company Law | Date: | Hits: 198
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....24) 1KB 461. Relevant portion at page 673 is as follows: ‘In my opinion, it is necessary in a case like the present to direct the jury what are the limits and what are the qualifications of the contractual duty of secrecy implied in the relation of banker and customer. There appears to be no a......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
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