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Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ...... follows: “65. (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic." 15. But to achieve the idea enshrined in the above few lines, struggle......tion of their existence. 3. The members of Parliament as a body, represent the entire body of the people of Bangladesh, as such, should held their head high, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and func......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

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. ......r and he was placed under suspension on 10.06.2004 under Regulation- 10(1) of the National University Employees (Discipline and Appeal) Statute. The Vice-Chancellor of the National University has got power to place the petitioner under suspension and the petitioner was also asked to show cause on 21......llip;……………………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwar......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. ..

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. ......er generation mainly due to frustration from unemployment, economic hardship, family troubles, misguiding by the friends. Once a person is addicted to this narcotic drug, he loses his resistance power and his body and mind are weakened day by day, and ultimately, he cannot lead a normal life. T......;……………………………….State Judgment April 18, 2006. Result: The appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR......et up distillery or brewery or to manufacture, process, possess, transport, sell, buy or consume alcohol without license or permit or illegal trafficking in narcotic drugs. Section 11 deals with granting license or permit. Sections 19, 20, 21, 22 and 23 deal with penalties for contraventio..

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. ......s were inducted on the lands but on defendant's representation, the Commissioner cancelled the settlement. Question raised was whether or not the Commissioner in the absence of any appellate power could cancel settlement by exercising his general supervisory power. It was held that the......Pramanic and others…………………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made absolute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. T......d upto noon of that day. After that, the plaintiff did not appear at the hearing. 6. Considering all the relevant papers, the Additional Deputy Commissioner (Revenue) rightly cancelled the lease granted to the plaintiff. 7. Defendant Nos.13 and 14 filed another written statement. Their cas..

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

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......n and should be deleted. In the case of Lakhi Naragam Kundu Vs. Crown reported in 4 DLR 352. It was held that on the language of section 499 read with Form XLII, Sessions Judge and Magistrate have no power whatever to impose any condition at all when they grant bail. 8. The object of bail is prim......………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Lat......ndu Vs. Crown reported in 4 DLR 352. It was held that on the language of section 499 read with Form XLII, Sessions Judge and Magistrate have no power whatever to impose any condition at all when they grant bail. 8. The object of bail is primarily to ensure the appearance of an accused on a certai..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

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. ......1.08.1980 and restored the possession of the suit property to her. 5. It is further stated that the defendant No.1 Inge Flatz appointed Mohasin Darbar as constituted Attorney by executing a power of attorney on 25.06.1984 and conferred upon him the power inter alia, to manage and look afte......……………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the de...... 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. ..

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

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs.......of 1981, the High Court Division by the impugned judgment made the Rule absolute and set aside the judgment and decree of the trial court and appellate court and decreed the suit. 7. Leave was granted to consider the submission that the learned Single Judge of the High Court Division while e..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without givi....... The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......t. The learned Advocate of the petitioner accordingly, filed an application in TM 55 on 3-8-2000 on payment of requisite fees and the petitioner was under the impression that the adjournment would be granted by the Registrar of Trade Marks. While the petitioner was waiting for an order of adjournmen..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

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. ......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. ......desh and Others……………………………………………………………………….Respondents Judgment August 30, 2005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawy......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. ..

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. ......ty clause of the Licence Agreement. As a result, discussion took place but in spite of objections of the writ-petitioner, BTRC by memo dated 20-4-2004 (Annexure-A to the writ petition) in exercise of power under section 90 of the BT Act deleted "co-exclusivity clause" from the Licence Agreement perm....................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata K...... of Post and Telegraph under section 4 of the Telegraphy Act in the absence of BTRC on that date having no other competent authority in this regard under the Bangladesh Telecommunication Act, 2001 to grant the licence agreement before 31-1-2002 when the Commission was constituted inasmuch as section..

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. ......ilable and then he referred to 54 DLR (AD) 88 and submits that where financial interest of the State is involved transparency of the decision making authority is a recognised matter. The judicial power of review is exercised to rein in any unbridled executive functioning. On this point he has ......munications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Respondents Judgment August 15, 2005. Result: The Rule is discharged. Cases Referred to- 51 DLR (AD) 24; 54 DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of In......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. ..

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. ......gh Gram Sharker, is not a directly elected body but it is formed with the elected persons in order to assist the Union Parishad as its supporting organization but would not interfere or supercede the powers of the Union Parishad. It is further stated that the Gram Sarker is not an extension of the U......��…………Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry......Courts to tell the nation, including the members of the Parliament, what those laws mean. The role of the Courts, in the language of H.W.R. Wade is: "The Courts may presume the Parliament, when it grants powers, intends them to be exercised in a right and proper way. Since Parliament is very unli..

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

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....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. ...... enquire into the same allegations against the petitioner. By quoting Rule 11(3) of the Government Servants (Discipline and Appeal) Rules, 1985 he submits that the aforesaid Rules does not confer any power upon the authority to hold simultaneously two departmental inquires on the self same allegatio......nd others..................................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 b......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. ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......ion. 52. The learned trial Court has not fully discussed the evidence of the witnesses and has failed to grasp moot point of the case and thus arrived at a wrong finding. 53. This Court has power to interfere in revision with an appellate judgment but that power should be sparingly used. I........Petitioner Vs. State.......................................................Opposite Party Judgment July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 199......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

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. ...... appointments at a time, that there was no advertisement or notification in any dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nep...... Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thought......y further stated that the internal administration and management of the University, its Departments, Halls and Faculties would be seriously affected, disturbed and interfered if the injunction is granted. They contend that the appointments have been made in good faith, in due process of law an..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......he petitioner as the Assistant Superintendent who joined the post on 23.12.2001 and since then, he had been working in the said post of the said Madrasha. The respondent No.3 is a stranger. He has no power of cancelling the appointment of the petitioner. He further submits that the respondent No.3 a......lation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the distri......ules without having an opportunity of being heard. No notice was served upon the petitioner asking him to show cause why his license should not be revoked. It has been held that the order being in flagrant violation of the principle of natural justice is without jurisdiction. In the case of The Univ..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

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. ......ple is based on no evidence, is of substance and I accept the same. The law relating to acquisition of easement right has been thoroughly misunderstood and misapplied and this error has attracted the power for interference with the impugned judgment. 11. Mr. TH Khan also urged before me that th......tion and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State......r any charge is created in contravention of these provisions, the land in question shall automatically vest in Government. (12) If you fulfill the conditions of this lease, the lease hereby granted shall, notwithstanding anything herein to the contrary, become automatically a permanent rai..

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. ......t (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission fro...... The Rule is made absolute. Bangladesh Telecommunication Act (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to can......he Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act and without notice or hearing. A licence granted by the Commission under the Act could only be cancelled or suspended by it by following the ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exercising the power under section 5 of the Limitation Act, feels satisfied upon the facts of the case under consid......p; June 14, 2005. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the ......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......hich could, be applicable was the residuary Article 181 which provides a limitation of 3(three) years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 11. Moreover, our Appellate Division in......;……………………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadir......e carelessly or capriciously. In the exercise of discretion which vests in the Court, it has only to find out whether the conditions justifying the extension exists. There is no general discretion to grant relief regardless of the statutory requirement of sufficient cause. If the condition is riot s..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

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