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Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....amp; 8 and clause 7 of tender conditions for establishing a private channel, Annexure-2 of the aforesaid affidavit-in-opposition. It would appear from Annexure-D dated 24 February, 1999 that a company under the name and style of Ekushey Television Ltd. had already come into existence by the time......ure-F of the writ petition, and the subsequent approval to transfer the said licence to the ETV Ltd, Annexure-H of the writ petition, should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 5. Writ petitioner Nos...Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ted in AIR 1916 (PC) 242 has held that Doctor's certificate is only in assertion of opinion. Final confirmation will be on the basis the evidence adduced at the time of trial. Doctor has not given any clear opinion. Their opinion varied from 17 years to 19 years. In such a situation it cannot be......rted in 5 BLT (AD) 1 =2 BLC (AD) 18 (Sree Mongal Chandra Nandi vs Bangladesh). In that decision it has been held that when a victim girl was found to be a minor she ought to have been given in the lawful custody of the father. The opinion of the minor is irrelevant and the same cannot be a condi..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....gard, (1987) LRC 180, Valente Vs. The Queen (1985) 2 SCR 673 at pp 685, 687, Re Amendment of the Constitution of Canada (1981) 125 DLR (3rd) 1, Reyder Vs. Foley (1906) 4 CLR 422, Commercial Cable Company Vs. Government of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC......"scandalising a Court or a Judge" has gradually eroded away and become obsolete and the only other type of contempt that is left jurisprudentially today is in respect of disobedience of any lawful order of the Court to obstruct or interfere with the due process of law or justice. It is fur..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....and wife never inherited the suit property and by mistake in RS khatian name of Ava Rani Aich was recorded with respect to the suit land. It is also claimed that the defendant‑appellants never paid any rent to the vendor of the plaintiff‑respondent and they never promised to pay rent to the plai......ision No. 7793 of 1991 without any finding on the petitioner's case of title. Lastly, the courts below having found long possession of the petitioners, presumption should be in their favour as to the lawful character of such possession, unless the contrary is proved and holding such possession to be..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... is that in 1998, Ministry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated in the tender. The tenders were opened on 25-6-98 by the Technica......ud respondent No. 7 (Annexure-"F") and the subsequent approval to transfer the licence to the ETV Ltd (Annexure-"H") should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 2. In this Writ petition tw..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....s and SA Khatian was also prepared following the wrong entries of RS record. In fact, Hafez Noor Mohammad had got no right, title or possession in the suit land. As Hafez Noor Mohammad never asserted any sort of right or interest over the suit land, they did not need to take any steps. The plaintiff......p;…………………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
...., 803, 838 of 1990 and Writ Petition Nos. 1092, 115 and 456 of 1989 at the instance of the respondents herein making the Rules absolute declaring the impugned notification to have been issued without any lawful authority. Leave was granted by this Court to consider the submission made by the learned..................................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of fil..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... is to say, on 26-3-1993, in presence of witnesses and to that effect an affidavit was affirmed by the petitioner No. 1 in the Court of the Magistrate 1st class at Dhaka on 2-4-1995 in order to avoid any future complication and in order to safeguard and protect the interest of the petitioner No. 2. ......g her permission for the purpose of transfer of the property. The further case of the petitioner is that the refusal of mutation in the name of petitioner No. 2 in place of petitioner No.1 is without lawful authority and the respondents should be directed to mutate the name of the petitioner No. 2 i..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....agents of the party in power. Violence of some individuals cannot be countered by Police violence and atrocity. Conduct of the Police towards the citizens of the land must be Courteous. Policemen on many occasions transgress the limits of law, sometimes with the support of the politicians in power a...... present in a judicial Inquiry, Metropolitan Magistrate misinterpreted and misconstrued Rule 29 in holding that presence of a High Police official as representative of the accused police officers was lawful. The Metropolitan Magistrate was absolutely wrong in holding that Police Regulation is supple..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....-15 years of age at the time of occurrence and under “The Children Act, 1974”, trial of children is exclusively within the jurisdiction of Juvenile Court and no other Court can take cognizance of any offence committed by the child i.e. below the age of 16 years. The learned Advocate has drawn ou...... to pay of Tk. 500/- in default to suffer imprisonment for another 6 months for committing offence under section 5(gha) having been passed without jurisdiction should not be declared illegal, without lawful authority and is of no legal effect. 2. Facts necessary to dispose of this Rule, in brief,..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....3, 2001. The Inland Shipping Ordinance, 1676 (LXXII of 1976) Section 54 The Time and Fare Table Approval Rules, Rule 15(1) (c) The Authority may waive the requirements of any or all the Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Tab......desh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6) Lawyers Involved: Gobinda Chandra Tagore, Ad..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... of the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass nece......the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass necessar..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....Division Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whethe......sion Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether th..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
.... no sufficient money with them, the informant and his companions took Taslima in front of the Upazila (presumably Upazila Parishad); that at that time as the Home Minister was in Shaharasti, as such many people including News men as well as Officer-in-Charge of Shaharasti Police Station were at the ......uestion when the Dying declaration can be made basis for imposing a sentence of death in respect of a person who has been put on trial for causing death of another without provocation or that without lawful excuse. To make the Dying declaration as the basis for sentencing an accused to death or that..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
.... after the dissolution becomes effective are codified in section 7 of the Muslim Family Laws Ordinance and its section 3 states that the provisions of this Ordinance shall have effect notwithstanding any law, custom and usage. Now we quote section 7 as hereunder:-
“Talaq.—(1) Any man who wish......teed under Articles 27, 28, 31 and 35 of the Constitution, yet the State failed to enforce those fundamental rights.
9. Fatwa means legal opinion which, therefore, further means legal opinion of a lawful person or authority. Legal system of Bangladesh empowers only the Courts to decide all questi..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
....ms at Rangpur are for the use of trainees and for their accommodation and that for its maintenance some service charge is collected and that the dormitory building and Pathological Clinic are not for any business purpose or that to earn profit; that papers annexed to the Affidavit-in-Opposition in n......respondent No.2, Registrar of Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....se of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there ......f safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is n..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ciple of Imam Shafi) is that the presentation of a suitable gift is obligatory in the case of all divorced women and not merely in the case of women referred to in Ayat 236 of Sura Al-Baqarah (2). In any view of the matter mata’a is a voluntary gift payable by the righteous. A righteous man wi...... whether by putting the interpretations on Ayat 241 (Sura Baqara) in the manner done by the learned Judges, the traditional Muslim Law as to maintenance of a divorced wife prevalent for centuries was lawfully and legitimately knocked down. During the hearing of the appeal several Tafsirs of the Holy..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....e called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:......lled upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....Civil Procedure seeking rejection of the plaint and ultimately the plaint was rejected by order dated 5-8-1995. It may be mentioned here that the order of rejection as aforesaid was not challenged in any forum, thus when the matter was set at rest, respondent Nos. 1, 3 and 4 in collusion and conniva...... This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed without lawful authority and to be of no legal effect.
2. Mollah Habibur Rahman, Chairman Dudhal Kabira..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
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