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World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....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 & TeleÂcommunications 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......o time to the same extent they apply to BTTB and all other Public TelecommuniÂcations Operators licensed to operate Local Networks in Dhaka, except to the extent such new laws and regulations specifically contradict those Sections of this Agreement specified in section 7.1 in respect of which the O......, because under section 23 of the Contract Act, such an agreement is not enforceable in view of the prevalent law. The BTRC did not unilaterally omit clause No. 2.3 of the Agreement. On 18-10-2003, a meeting was held between the parties. Considering all the aspects, and hearing the petitioner, the B..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....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 recogÂnised 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…………..............ReÂspondents
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 InÂ......pondent No.7.
Zaman Akter, Deputy Attorney-General-For the ReÂspondent
No.6.
Writ Petition No.4780 of 2005.
Judgment
Syed Muhammad Dastagir Husain J.-This Rule Nisi was issued calling upon the respondents to
show cause as to why they should not be directed to issue Purchase ......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)
....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......€¦â€¦â€¦â€¦â€¦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......ney-General - For the respondents. Writ Petition No. 4502 of 2003. Judgment ABM Khairul Haque J.- This Rule Nisi was issued at the instance of Bangladesh Legal Aid and Services Trust (BLAST) calling upon the Respondents to show cause as to why the Gram Sharker Ain, 2003 (Act VI of 2003), in......(three) women members. The member of the Union Parishad, elected from the concerned ward would be the chairman while the rest of the members, would be elected from the voters of the ward in a general meeting on the supervision of the concerned authority empowered by the Government in this regard. Th..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ...... Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal A......impugned judgment and order. 9. In order to appreciate the above submissions of the learned Counsels for both the sides, let the evidence on record be discussed, considered, scrutinised and critically analysed. 10. P.W.1 and P.W.8 SI Mosharraf Hossain the informant and the investigating of......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
.... 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......997 have been disposed of by the same judgment as both the writ petitions have arisen out of the same fact and being governed by the same law.
2. In Writ Petition No.4470 of 1996 Rule was issued calling upon the respondents to show cause as to why they should not be directed to complete the pro......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)
....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. ......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)
.... 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 absoÂlute. 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......etitioner. A. F. Hassan Ariff, with M. A. Sobhan, Advocates- For the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.04 passed by the lea......ainst him, that the restriction on apÂpointment was withdrawn by the UGC on 22.12.2003 and restriction imposed by the Government was also withdrawn on 8.1.2004 by two separate circulars, that in a meeting held on 22.3.2004 a decision for appointment of 327 4th Class employees on the daily basis ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....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....... Zaman Akhter, Deputy Attorney-General-For Respondent No.3. Writ Petition No.2609 of 2002. Judgment Md. Muzammel Hossain J.-This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order vide Memo. No.48/2002/C date......join as the Assistant Superintendent of the said Madrasha within 30.12.2001 and the respondent No.6 has submitted the original result sheet dated 14.12.2001 and the photocopy of the resolution of the meeting dated 14.12.2001 of the Managing Committee duly attested by the respondent No.6 (Annexures-A..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....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......tted that both the Courts below committed error of law by not considering the grounds taken by the petitioners in the Courts below. He further submitted that all the P.Ws. in their deposition categorically stated that the suit land was under the possession of the petitioners and there was no canal o...... 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. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....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.......3 and 4. Writ Petition No.4600 of 2004. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued upon an application made under Article 102 read with Article 44 (1) of the Constitution calling upon the respondents to show cause as to why impugned Memo dated 22‑3‑04, 8‑4‑04 and......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. ..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)
....der section 173(2) of the Code. However, even after filing such a report if he comes into possession of further information or material, he need not register a fresh first information report; he is empowered to make further investigation, normally with the leave of the Court, and where during furthe........Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment June 15, 2005. Result: The Appeal is allowed. Cases Referred to- Ali Sher Vs. State, PLD 1966 (WP) 368; Abu Taher Vs. State, 2005 BCR 173; Abdul Motaleb Ho...... Criminal Appeal No.3850 of 2003. Judgment AK Badrul Huq J.- Seldom Court has come across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first informa......d by Jail Authority. P.W.1, also, blurted out in evidence that father of Md. Belal along with him met Md. Belal in the jail. From the above evidence of P.W.1 it became manifestly clear that P.W.1 had meeting with co-convict Md. Belal. Contention advanced from side of convict-appellant that Second Ju..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....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 ......dge only passed the impugned judgment and order on the point of limitation and that the judgment and order dated 9‑10‑2001 of learned Metropolitan Sessions Judge is quite justified which does not call for any interference. 16. On perusal of the record, it appears that the accused petitioner......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)
....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......ate- For the Petitioner. MU Ahmed, Assistant Attorney-General- For the State-Opposite Party. Criminal Rule No.656 (con) of 2005. Judgment Siddiqur Rahman Miah J. - Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing......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. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....d Advocates of the respective parties. 9. This writ of certiorari has been filed against the impugned judgment and order of the First Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is no......¦Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Secretary......n in possession of the case property since 27-12-1970 in part perforÂmance of the contract. They also got delivery of possession of the case property through the Court as a mere formality and symbolically. Article 9 read with Article 10 of PO No.16 of 1972 contemplate that any allotment, lease or a......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....n provides for the creation of the Election Commission for Bangladesh and Article 119 of the Constitution speaks of the function of the Election Commission and the Election Commission has the plenary power of superintendence, direction and control for holding free fair and transparent election.......Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Rashid A...... information has been included in Article 12 of the RPO Order, 1972 by Representation of People Order (Amendement) Act, 2009 (X11I of2009) Judgment Md. Abdul Matin J. - This rule was issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....of disintegration and state of
confrontation is looming large on the horizon threatening the whole justice
delivery system.
7. In the premises aforesaid
this Court in exercise of its inherent power and under Article 108 of the
Constitution, of its own motion and exparte orders as under:-
......007) 66.
......tempt of Court and also a criminal offence
and is liable to be proceeded against on all these Court. Freedom of speech and
expression dose not embrace a right of the lawyers to strike and or give a call
for boycott or abstention of Courts taking out procession in and around the Courts,
shouting ......ent as an advocate when he is
already a judge of this Court and his certificate is suspended and when the
cancellation was challenged before this Court and the matter is sub-judice they
convened a meeting of the Bar Council with such sub-judice matter, in the
agenda. A group of lawyers entered t..
Category: Others | Date: 23 May, 2005 | Hits: 13
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....nt case, there is no materials on record to connect the respondents directly with the commission of the alleged offence and as such, the High Court Division in exercise of its inherent power under section 561A of the Code of Criminal Procedure ha rightly quashed the proceeding so far ...... Md. Abdus Sabur and another (In Criminal Appeal No. 7 of 1999)………………..Respondents Judgment May 16, 2005. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P...... 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. ...... 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. ..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)
....the aforesaid matters or situations. In the case of Government of Bangladesh vs. Ashraf Ali and another reported in 49 DLR (AD), 161 it has been held that the High Court Division while exercising its power under certiorari in connection with the judgment of an 'inferior tribunal’ is not within...... The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Sections 5(2) & 7 Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published......arrive at a view different from the tribunal in the absence of arriving at a finding that the view taken by the tribunal in the background of the materials noticed by it is not legally tenable or logically not well founded e.g. the case as the instant one. The High Court Division while examining the......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)
....an application for installation of deep tube well in the site and the petitioner obtained permission from WASA on 19‑1‑02. The petitioner also obtained permission for heavy electricity of 1000 KV power from the Government of Bangladesh. Rajuk has given approval or sanction of plan for other comp......an Kartripakkha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers I......aheemul Huq- For the Petitioners. Sigma Huda with Verbeena Huda- For Respondent Nos.1 & 2. Writ Petition No. 6305 of 2003. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85...... 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. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ...... Md. Abdul Muktadir and others…………Respondents (In Civil Review Petition Nos. 45 & 51 of 2004) Judgment May 9, 2005. Result: The petitions are disÂmissed. Cases Referred to- BangÂladesh Vs. Azizur Rahman and others, 46 DLR (AD) 19; Zenith Packages Ltd. Vs. Member, L......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......0 and 5362 of 2000 declarÂing the impugned order in Memo dated 27.9.1998 Annexure—'K' issued by the reÂspondent No. 1 and the impugned decisions under item nos. 12 and 13 and adopted/taken at the meeting of the Standing Committee comprising of writ respondent Nos. 3, 5 and 6 on 2.6.1999 and 20.9..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
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