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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......eliability. The use of scientific techniques holds immense promise in the criminal justice system, but before accepting each technic we must examine it critically in light of the constitutional rights granted to citizens and the requisite evidentiary standard.” 811. The ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ord held that papers i.e. Ext.C. Ext.D and the Exts. B-B(2) series have not given rise to any claim of adverse possession by the defendants since the admitted position is that R.S. and P.S. record of rights stand in the name of Mela Committee and the Ext.D and B series are the papers subsequent to t..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....ge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or Tapashee as security for the loan Taka 70 lakh, they have no personal or contractual liability of the Dockyard (Company), the High Court Division observed: ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......pective views particularly, relating to the maintainability of the leave petition filed by 29 sitting Judges of the High Court Division being aggrieved by the observations, affecting their individual rights and position as senior Judges of the Division and as to their standing to maintain the said p..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......w. 56. Learned Attorney General on the other hand submitted that Article 35 of the Constitution will not apply to BDR personnel in view of Article 45 of the Constitution which modified fundamental rights in respect of disciplinary law. 57. Since it is apparent that notice under Section 5(1) of..Category: Constitutional Law | Date: | Hits: 289
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......etitioner submitted that Rupjan Bibi, the predecessor-in-interest of the defendants, purchased 2.226 acres of land from the admitted owner and on the basis of that purchase R.S. and S.A. record of rights was prepared in her name and she took over possession to the said land and thereafter her s..Category: Property Law | Date: | Hits: 24
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......erms and the exclusive jurisdiction to hear the dispute and that in the instant writ petitions the petitioners did not challenge the vires of any law on the ground of violation of their fundamental rights and the petitioners, being employees of Bangladesh Bank, the Administrative Tribunal has excl..Category: Criminal Law | Date: | Hits: 78
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... summarily. 2. The writ petition was filed challenging constitutionality of sub-sections 2, 3 and 4 of Section 41 of the Artha Rin Adalat Ain, 2003 and also alleging violation of fundamental rights as are in Articles 27, 31, 40 and 42 of the Constitution of the People's Republic of Banglad..Category: Civil Law | Date: | Hits: 98
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......sserting that the Rules was neither discriminatory nor made in excess of the authority of the President as alleged. It was contended that the said Rules was framed in recognition of the legitimate rights of the Mujibnagar Employees and to provide for counting the period of service rendered by th..Category: Employment/Service Law | Date: | Hits: 106
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......kutcha house on the north eastern corner of the plot. He has not stored any bricks there. No person called Azizul Huq has any construction there. There has been a fraudulent and wrong recording of rights in the recent khatinas. It is stated by defendant Nos.2 and 5-7 in their written statement t..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ...... which clearly proves the possession of the defendant No.1; that the suit is bad for defect of party in view of the fact of non impleading the heirs of Abdul Monaf in whose name the record of rights were prepared and subsequently corrected by the defendant No.1 vide judgment and decree date..Category: Property Law | Date: | Hits: 31
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......st suited for the local people. Regard being had to the convenience of the people, the purported shifting of the office of the Union Parishad to Custobai Mouza at its new site has violated the rights of the people of the locality. Hence the suit. 4. Present respondent Nos.1 and 2 as d..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......sed to licensing authority (Deputy Commissioner as per S. 4), Treasury Challan showing deposit of requisite fee, true copy of 'No objection Certificate', full particulars as regard ownership of, all rights in the premises and in the Cinematograph apparatus to be used therein, complete plans, elevat..Category: Civil Law | Date: | Hits: 128
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......tection of industrial property, enjoy in all the other countries of the Union the advantages that their respective laws now grant, or may hereafter grant, to nationals; all without prejudice to the rights specially provided for by this Convention. Consequently, they shall have the same protection ..Category: Intellectual Property Law | Date: | Hits: 233
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......f as follows: 4. Vesting of abandoned property. Where before the commencement of this Regulation, any property, or the possession, control, management, administration or other rights of, or in respect of, any property, has been or is purported to have been, taken over ..Category: Property Law | Date: | Hits: 39
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......perty to Bangladesh Petroleum Corporation under the provision of Petroleum corporation Ordinance, 1976 under which Meghna Petroleum Ltd. Was set up as an oil company having all the assets and tenancy rights of ESSO company. Thus defendant No.2 Meghna Petroleum Ltd. Became a tenant in the suit premis..Category: Tenancy Law | Date: | Hits: 149
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......ureau in the month of November, 1996. The certificate shows that Mr. Nazmul Hossain is a Canadian citizen under the provisions of the Citizenship Act of Canada, and as such, is entitled to all the rights, and privileges and is subject to all the duties and responsibilities of a Canadian citi..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... day of the agricultural year, next following the date of the publication of the notification under sub-section (2) section 43 of chapter V of the Act. 5. Meanwhile preparation of records of rights under Chapter IV and thereafter, of compensation assessment rolls under Chapter V was u..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......d into the domestic law, they are enforceable in national courts. The local laws, both constitutional and statutory, are not always in consonance with the norms contained in the international human rights instruments. The national courts should not, I feel, straightaway ignore the international ..Category: Constitutional Law | Date: | Hits: 208
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... "No suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it." 15. The plaintiff ..Category: Property Law | Date: | Hits: 37