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Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... PC 100, Malik Fatch Khan Vs. Nazibullah Khan 9 DLR, WP (Lahore) 40; Than Vs. Mohammad and 2 others, PLD 1973 (SC) 619; Nur Ahmed Vs. Kalimuddin Ahmed and another, BCR 1987 (AD) 152; Province of East Pakistan and others Vs. Sirajul Huq Patwari and others, 19 DLR (SC). Lawyers Involved: Subrata..

Category: Criminal Law | Date: | Hits: 59

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

....f any citizen can be taken except in accordance with law, for a citizen enjoys the equal protection of law and is entitled to equal protection of law. Article 11 of the Constitution declares that the Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dig...... 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. ..

Category: Constitutional Law | Date: | Hits: 264

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

....II ADC (2010) 388. ......published under Abandoned Buildings (supplementary pro­visions) Ordinance 54/85 stating that the said building was leased out to one Imam Box son of late Sk. Md. Hossain by the then Governor of East Pakistan vide an allotment letter dated 7.6.61 and the lease Deed was registered between the governo..

Category: Property Law | Date: | Hits: 21

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............Respondent Ju......and there 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: 15 MLR (AD) (2010) 99. ..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; (dd) holds any office of profit in the service of the Republic other than an office which is declared by law not to disqualify its holders: or (e) &...... be. Similar questions relating to members of the Legislative assembly or Legislative Council of a State are dealt with, under Article 191 and 192 of the Indian constitution. 37. The corresponding Pakistani Article is Article 63 of the 1973 constitution and article 104 of the 1962 constitution. A..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Banglad...... ..

Category: Employment/Service Law | Date: | Hits: 106

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. ......handker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486. La..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....gistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further, the President of the Republic promulgated the Emergency Power Ordinance, 2007 and Emergency Power Rules, 2007. 4. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

...., is that the suit lands along with other lands orig­inally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from differ­ent pe......rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..

Category: Property Law | Date: | Hits: 25

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... rest of oth­ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile   Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for reg­istrat..

Category: Intellectual Property Law | Date: | Hits: 273

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....10) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..

Category: Constitutional Law | Date: | Hits: 107

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....ed to review its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of the People's Republic of Bangladesh. 12. We have heard the learned Senior Advocate counsel for the petitio......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..

Category: Property Law | Date: | Hits: 26

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. ...... into force of the Code itself in the year 1898. The question of abusive exercise of power under these two sections were also debated in the past. This Code of Criminal Procedure is being followed in Pakistan, India and Bangladesh. In India, section 54 was amended and substituted and the present sec..

Category: Constitutional Law | Date: | Hits: 137

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......llants and stating, inter alia, that Shihamul Haque, his father Enamul Haq and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from India, Chaturi Tanti along with Shibulal, Bhutu, Surjagaya and Nathu..

Category: Property Law | Date: | Hits: 29

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. ......is always reluctant in inter­fering with the said proceedings at an interlocutory stage by invoking its power. In this connection I would like to reiterate the arguments made by the Supreme Court of Pakistan in MS Khawaja vs State, PLD 1965 SC 287 = 17 DLR SC 153 as under: "Every prosecution for..

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

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....fter such acquisition the appellant along with 300 victim shop keepers became seriously affected. The affected shop keepers made a representation to various authorities including the President of the Republic and the then Chief Martial Law Administrator for saving them from total ruination with a su......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

.... J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Government, Bangladesh Secretariat, P.S.-Ramna, Dhaka and others…………â......s to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession. 3. The suit property originally belonged to the then Government of East Pakistan which was subsequently leased out to a Non-Bengali refugee. After 1971 the said Non-Bengali..

Category: Property Law | Date: | Hits: 23

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

.... Right to protection of life is more than right to trade and as such the impugned judgment cannot be main­tained. 8. It was further submitted that Article No.18 of the Constitution of the Peoples Republic of Bangladesh clearly empowers the Government to take appropriate meas­ures to save the pe......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

.... allotment of the said plot in his favour. 3. In the aforesaid premises the writ peti­tioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present peti­tioners to show cause as to why they should no......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......as allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The afore..

Category: Property Law | Date: | Hits: 37