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Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......(AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....vocate—For the Respondent Nos.1 and 2. Writ Petition No.1193 of 201 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the attempt to......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......;surplus public servant" means a public servant whose post is abolished by Government for the purpose of administrative re-organisation or who being a servant of the erstwhile Government of Pakistan.....". 14. Evidently section 2(e), as quoted above, speaks of abolition of the po..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....pon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the Constitution of the People's Republic of Bangladesh and violates the fundamental right of citizen and why the Notice published in......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....vil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh represented by its Secretary, Ministry of Land, Bangladesh Secretariat Buil......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....o life is guaranteed as a fundamental
right. But by way of creating some obstructions medical treatment in the
government hospitals are being denied. Moreover Article 11 of the Constitution
of the Republic speaks of the peoples right to medical treatment. So the
authorities can not obstruct this......t since 1937, the amount of which have
been reviewed and increased from time to time depending on the rate of
inflation. Collection of user fees is still a common practice in countries like
India, Pakistan, Srilanka, United Kingdom, Australia and some Latin American
countries. The Government of ..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
...... Hotel Ltd [1944]4 DLR 638, Johnson v Johnson [1952] 1 All ER 250 at 251-252, [1952] P 47 at 50-51, D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, Farooq Ahmed Khan Leghari Vs. Federation of Pakistan and others, PLD 1999 SC 57.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instruc..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
.... of the agreement on Trade Related aspect of Intellectual Property Rights (TRIPS) under the World Trade Organization and the Paris Convention for the protection of intellectual property, the People's Republic of Bangladesh is signatory to both. Both the aforesaid international conventions confirm th......ark to be registered under the provisions of the said convention.
20. The learned Advocate Mr. A.B.M Shamsud Doulah further relied upon the provisions of the Trade mark legislation as prevailed in Pakistan and also in India. He further relied upon the provisions of section 119 and 120 of the Trad..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....r case before this Court, for reasons best known to them. Accordingly, we have heard Mr. MI Farooqui, who having appeared before this Court refers to Article 7 of the Constitution of the People's Republic of Bangladesh which reads as under:— 7 (1) All power in the Republic belong to t......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......n 354 (3) circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree". 12. In Sher Hassan, PLR 1959 SC (Pak.) 480, the Supreme Court of Pakistan argued that in exceptional cases, the Supreme Court has interfered with the sentence o..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ...... 1960 SC 610; Privy Council in Attorney-General for Ortario Vs. Mercer, (Jyy3) AC 767 (778);Lord Campbell in RV. Edmundson (1859) 28 LJMC 213; Great Western RY. Vs. Sarindon Ry, (1884) 9 AC 786; East Pakistan Vs. Muhammad Hossain, 16 DLR (SC) 667; AK Gopalan Vs. State of Madras AIR 1950 SC 27; Hafiz..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......ity and, as such, it is a coram non judice. Consequently, the award passed by him is a nullity in the eye of law. In this context reference may be made to a decision of the Supreme Court of Pakistan in the case of M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (19..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... property and, as such, the property may be released from the category of Vested Property, Against that judgment and order of the Member of Bhumi Appeal Board, the Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chapai Nawabgonj filed Review Case No...... Nath Saha in respect of 0.6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter in Bangladesh all the time and possessed his 0.6368 acre of land of the suit..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....the Appellate Division in leave Petitions and in a summary manner, that cannot be treated or considered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
...., Advocates - For the petitioner. Forukh Rahman, Advocate - For the respondent No 1. Writ Petition No. 2528 of 2005 An application under Article 102 of the Constitution of the People's Republic of Bangladesh. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner....... Union of India, AIR 1990 (SC) 1480; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192; Russel Vs. Duke of Norfolk; Wiseman Vs. Sorneman (supra); Pear-berg Vs. Party; Abdul A'la Moudoodi Vs. West Pakistan, 17 Act (SC) 209; Farid sons Ltd. Vs. Pakistan, 13 DLR (sc) 233; Swadeshi Cotton Mills Vs. ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....’ble S.C Judges who are hard hit by the impugned letter, is unable to come to this court to enforce their own fundamental rights as a citizens. 5. The Hon’ble President of the People’s Republic of Bangladesh promulgated an Ordinance under the title, “The Supreme Court Judges (Remun......ed with the civil servants. Their privilege can only be compared with those of other Constitutional office holders. Remuneration and other privileges of the Judges of the Superior Courts of India, Pakistan and Sri Lanka are much higher than those of the SC Judges of Bangladesh. In the backdrop t..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....itted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the terms and conditions of service in the Republic and it is the Administrative Tribunal which had the exclusive jurisdiction to decide the qu......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....iable for illegal construction work adjacent to the Fort. The Fort is also a public place of profound significance, which is now under the governance and protection of the Government of the People Republic of Bangladesh. However, in recent years a few people have taken possession of the property......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......ক্সজিবিট-১। The learned counsel further contended that to ascertain the title of the suit property in the earlier occasion the Forest Department of the government of the then East Pakistan filed a dispute case being No. 10/68 about the land of Telihati Mouza CS Khatian No. 118, D..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....r exhibited a document which reveals that the master of the vessel requested the Commodity International pte. Ltd., to pay the wage of the crew members whereupon the First Secretary of the embassy of Republic of Indonesia, through its letter dated 2.5.2000, requested the owner of the vessel to pay t......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
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