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....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
........................Respondents
Judgment
July 24, 2005.
Result:
The Petitions are discharged.
It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should be adjudicated by the Admi......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......rnment through UGC for approval nor the Government or the UGC approved the same. A new set of work charged appointments were made on daily basis in Master Roll defying and without fulfilling the terms of the circular dated 4.11.1997 issued by the Registrar of the University inter alia and ille......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......de and the suit was restored but did not appear to contest the suit by filing any written statement. The plaint shows that the plaintiff clearly made an assertion that marriage under the Hindu law in terms of Vedic ceremonies was observed in Dhakeswari Mandir by a Purohit. This clear assertion of th......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......w observed that the case was hit by law of resjudicata since a case was now pending before the Bhumi Appeal Board regarding the self same property. He also submitted that the petitioners violated the terms and conditions of the kabuliyat by which the petitioners got the property. He finally submits ......ase is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......রকারী টেলিভিশন চ্যানেল স্হাপন ও পরিচালনা নীতিমালা-১৯৯৮, in short, the Technical Policy, 1998. One of the terms of the NOC was that establishment and operation of the proposed telecommunication system shall...... in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......y convict-appellant. First information report was drafted and processed by Mr. HR Khan (P.W.1) and convict-appellant carried first information report to Sabujbagh Police Station. P.W.1 in unequivocal terms blurted out in his evidence that he drafted First Information Report. Evidence of P.W.1 is pro......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
.... 102 of the Constitution does not act as a Court of Appeal and, as such, it is not required to make determination of facts on its own. It can interfere with the findings of a Court of Facts under its extraordinary jurisdiction under Article 102 only if it can be shown that the Court has acted withou......f the said power of the Government, the provisions of Article 10 of PO No.16 of 1972 are quoted below verbatim: “10(1) The Government may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a......so Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......gistration is contrary to law resulting in confusion amongst traders and buyers about the true origin of the goods in question. The business fallout has been that the Petitioner has been suffering in terms of decreasing turnover of its products and also loss of its goodwill and business reputation. ...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... Huq also implicated accused Mohan, Khislo and also narrated the close relationship between Sabur with Jharu; P.W. Mahboob Sk. implicated accused Kishlo and Eskan and also stated about their visiting terms and discussion among themselves. P.W. Babu Sarder implicated accused Mohan Saifur and Kazi Sai......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....rted in 48 DLR (AD) 10 "The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted w......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......Thereafter, vide letter dated 30‑1‑2002 the petitioners requested the Chairman of Rajuk to give their approval to the proposed plan of the said complex. The petitioner in the said letter in clear terms stated that because of delay of Rajuk in approving their plan they are likely to suffer huge f......in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......s against which the defendants filed Civil Revision No.2164 of 1990 before this Court in which Rule was issued and the Rule was subsequently made absolute. The defendant thereafter violating the terms and conditions of the deed of agreement started using the suit premises as a factory for ......Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......Division uniformly held that the provision in the proviso to section 17 (1) of the Act is mandatory. In the SCC suit wherefrom the case reported in 33 DLR arose the decree was passed in the following terms: "That the suit be decreed ex parte with cost. The plaintiff does get khas possession of t......(Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......ecious to a maiden than her life itself. But no such assertion was made that she at all resisted him. It was admitted that both the victim and the jail appellant were neighbours. He had also visiting terms with her. They were known to each other. There was no evidence oral or circumstantial that the......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......2, the petitioner states that he made an application for installation of new telephone at his residence. In pursuance of that application, a demand note was issued on 16‑11‑1993. According to the terms of the demand note, the petitioner paid Taka 31,300 by pay order dated 21‑11‑1993. The tel......on) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Result: Th..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved:..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......nce with the Procedure, the Government issued appointment letter to the petitioner on 9‑12-997 under Memo No.579/R‑6/7 N‑97/97 (Annexure-D) and the appointment was made for 3 years with certain terms and conditions, one of the conditions being that if he wanted to continue his work as Notary P......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......r proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......tained and it shall be dismissed in limini So, the argument of RafiquI Huq being that the deposit as made on behalf of the appellant through his learned Advocate, Zarullah Chowdhury is quite valid in terms of the provisions of Article 49(4) of the Order, 1972 is of substance and further we hold that......sent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March 22, 2005. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......munition or military stores license is required to be obtained from the authority under the law and to the extent and manner prescribed by law and the rules. Section 15 of the Act is in the following terms: "15. Possession of Arms, of any description without license prohibited in certain places.-...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
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