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Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......y independent evidence, in order to be believed. 17. In Md. Saidur Rahman Neoton and others Vs. The State, (1993) 13 BLD= 45 DLR (AD) 79 observation of Appellate Division is couched in following terms: It has long been a rule of practice for insisting corroboration of the statement of the ......) (2007) 321, 13 BLC (HCD) (2008) 271. ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: ...... that he was ready and willing to execute and register the kabala in favour of the plaintiff after obtain­ing the balance consideration money. The fur­ther case of the defendant No.1 is that as per terms of the bainapatra the plaintiff agreed to pay the balance consideration money within 1(one) mo......e, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision N..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......r VI Rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17-The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of d......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ...... case there is nothing to be administered on the authority of a probate. The fulfillment of the bequest in the instant case after the death of Mokshada Bala Dassya, if at all, will be contrary to the terms of section 113 of the Succession Act and also will be repugnant to the law of inheritance and ......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... contest against defendant nos.1-3 and de­clared the plaintiffs jote right in the suit land and also declared that defendant nos.4-7 are entitled to get 8.83 acres of land out of the suit land in terms of solenama. 6. The appellate court reversed the find­ings and decision of the trial ......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ...... Judge is knocked down. 19. As to the question of default in making monthly payment of rent to the opposite-parties by the petitioners, it has been admitted in clear, unequivocal and categorical terms by the petitioners that they paid monthly rent at the rate of Taka 60 to the opposite-parties ......e is also Reported in:  61 DLR (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......hat the respondent No.4 would suffer from double jeopardy in violation of Article 32 of the Constitution if he be compelled to make remaining amount of fine against which he had served out 50% of the terms of sentence of imprisonment. 18. Mr. Md. Munsurul Huq Chowdhury, the Amicus Curiae, has pla......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ...... Result: The Rule is discharged. Obligations of an agent An agency relationship will arise from an agreement particularly from a contract, the express or im­plied terms of which govern the rights and liabilities of the parties. In the absence of any relevant exp......CD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show cause as to why the aforesaid decision and order dated ......ported in: 28 BLD (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......hat Syndicate is the princi­pal executive body having power of manage­ments over all financial and administrative functions as well as power of appointing teachers and employees and to fix up terms and conditions of their services under Jatiya Bishyabiddaloya. Clause 15 of the said Ayn regul......……………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......e been acquitted despite the fact that the prosecution has examined the attesting seizure list witnesses, but that they have not sup­ported the prosecution case of recovery of contraband goods in terms of the prosecution case, in some cases, this Court upheld the convictions without the attestin......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......laintiff restraining him from catching fish from the tank and also restraining him from using its water. Defendant No.2 did not have the right to cancel the lease as the plaintiff did not violate any terms and conditions of the deed of lease. The plaintiff prayed that the order dated 7.11.1975 cance...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......ad been an attempt on the part of convict appellant to cause wound upon P.W.1. No evidence had been, also, led to that effect. Moreover, no charge had been framed against the convict-appellant in the terms that he mounted attempt to cause wound upon victim of crime Gouri Deb. Charge had been framed ......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......n which the plaintiff claims relief under sec­tion 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement per­formed his part, the defendant is also bound to perform his par......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ...... Miscellaneous case for not fur­nishing security to the extent of 25% of the decretal dues with the application filed Order 21 Rule 58 C.P.C. Sub-section (2) of section 32 is in the following terms: (২) উপরোক্ত মতে দাবী পেশ করিবার ক......nal Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J M/S. Uttara Properties Ltd…………………………………………Petitioner Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others…………Re­spondents Judgment December 15..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......isions referred on the learned Advocate for the petitioner, I hold that the suit is maintainable and the plaintiff has been able to prove her case and she is entitled to the decree as prayed for in terms of sub-paragraph 'Ka' of the plaint. 29. In the result, the Rule is made abso­lute. Th...... Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......he allotment order arbitrarily without canceling the lease deed through the process of law as the petitioner's right in the land finally accrued on the lease deed. 11. Moreso, the violation of the terms and condition of the lease deed for which lease of 99 years could be cancelled has also not be......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......f any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement According to the terms of the Agreement, the Operator Licence was not issued and 'Interconnection Agreement has not y...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......sive on the ground that the peti­tioner made 16 deviations and they were identified as major deviation for which the offer of the petitioner was summarily rejected which was in accordance with the terms and condition of the Tender. 6. Mr. M. Amirul Islam, the learned ad­vocate appearing o......l Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Re­spondents Judgment August 15, 2005. Result: ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... Parishad not being a local Government within the meaning of Article 59, the abolition of such a body violates no provision of the Constitution. I would add that even if it were a local Government in terms of Article 59 even then the abolition thereof in the circumstances and as averred by the Gover...... is also Reported in: 15 BLT (HCD) (2007) 156. ..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343