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Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....cord. To appreciate the submissions, let us examine section 4 of the Anti Corruption Act, 1957 (Act XXVI of 1957) which runs as fol­lows:  "4. Declaration of Assets.-(1) When the Government, on receipt of information and after making such enquiries as it may deem, necessary, is ......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down 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: 26 BLD (HCD) (2007) 29.  ......al and advised to shift him to the hospital at once. Accordingly the deceased was taken away to Kotalipara Hospital by a boat, but on the way he died. The doctor declared him dead. Taking his dead body by the boat to the police station he (informant) lodged First Information Report, Ext. 1, whic..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

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

....d 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. Lawyers Inv...... 2. Facts giving rise to this Rule Nisi, briefly, be put thus:- 3. The petitioner, Cox's Bazar Pourashava was established in 1869 and since then it has been functioning and declared by law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus T..

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

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

...., inter alia, that the petitioner is a company incorpora­ted under the Companies Act, 1994. On 22-11-1998, the Ministry of Posts and Telecommuni­cations (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request for Proposals" (hereinafter referr...... 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. ..

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)

....ions alleged against the petitioner were not at all devia­tions and some were minor deviations and he recommended for overlooking the said alleged deviations and to save Tk. 2,50,00,000.00 of the Government Exchequer by giving the Purchase Order to the petitioner treating it as Responsive and i......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

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....ying unutilised with the authority and the compensation was assessed by the authority was declined by the petitioners to accept……………(9) Cases Referred to- Government of  the People's Republic of Bangladesh and others Vs. Abdul Wahhab Mia and othe......ht does not accrue in favour of the petitioners to get back the property from the authority……..(7) Since the possession of the land had already been delivered to the requisitioning body the requisi­tioned land is not liable to be released. The land in question still lying unut..

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

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

....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 of Local Government, Rural Developm......and other provisions show that the Act created an organization which is apparently supportive to the Union Parishad but would essentially undermine its functions which is an admitted local Government body, that the members of the said Gram Sharker, save and except the chairperson are nominated by 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.     ...... in the hospital, on the basis of which UD Case No.14 of 1997 dated 14‑8‑1997 was recorded and SI Mosharraf Hossain, attached to that police station going to the hospital made inquest of the dead body of the deceased and sent the same to the morgue for post mortem examination for ascertaining ca..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......r and committed dacoity and looted away cash money worth Taka 1,70,000. The dacoits also gunned down 4 (four) persons in the cattle market. 16. P.W. 16, Constable Abdul Huq, escorted the dead body of 4(four) cadavers to the morgue for autopsy. 17. P.W. 17, Md. Halim Bhuiyan, who was t..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

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)

....emedy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2)……..................(11) Cases Referred to- Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR ......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

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....him or her from any specified bank within the time allowed by the bank therefore". (emphasis supplied by us). 28. The Ordinance was promulgated long before in 1977 for constitution of Local Government Institutions in urban areas and to consolidate and amend certain laws relating to Local G......site party No.3, did not contest while opposite party No.1, the returned chairman and No.6, the returning officer contested the case. 7. Case of opposite party No.1 was that the Industries was a body corporate under the law and obtained the loan as such. In case of any default by said Industrie..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......e suit property. 15. Let us now see if the plaintiffs ac­quired any title by adverse possession. From a reading of the plaint, it appears that the plain­tiffs claimed adverse possession in the body of the plaint. But in the prayer portion they prayed for declaration of title in the 'Kha' sche..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....iff has no prima facie case, the balance of convenience and inconvenience is against him, that the restriction on ap­pointment 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......erest as well as the interest of the nation and hence filed the suit in public interest as a conscious citizen. The plaintiff alleged that the Rajshahi University (defendant No.1) is an autonomous body and it's administration, appointments, promotions and control of all teachers and employees an..

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

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....se are all Civil Courts and the provisions of the Code of Civil Procedure are applicable to proceeding before these Courts". The decision reported in 38 DLR (AD) 172 relates to the provision of Local Government (Union Parishad) Ordinance, 1983 and their Lordships of the Appellate Division took the v......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...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

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

....;………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Educati......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..

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

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....52 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewla was khal category khas land and the same being silted up for cultivation was declared for settlement under Crash Programme of the then Government; that one Mofizuddin as a landless cultivator coming from India as refugee applied for se...... 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)

.... The petitioners, for the sake of brevity, shall be referred hereinafter as the JTV. 4. On 23‑11‑01 the JTV submitted a proposal to the respondent No.1, the Ministry of Informa­tion, the Government of Bangladesh for setting up and operating both terrestrial and satellite television chan......cannot be treated as a substitute of the licence. The Ministry of Information has not yet granted any licence to the JTV. 16. It is further stated that the Commission is an independent statutory body and is not bound to grant allocation of frequency and licence until and unless the JTV obtained..

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)

.... of Ashi College Shop at Eskaton. Essence of testimonies of D.Ws.3‑7 was that convict-appellant Mahbub had been before them from 9‑30—1‑15 PM on 2‑12‑1992. D.W.3, D.W.4 and D.W.5 were Government officers and D.W.6 was a businessman and D.W.7 was a Shop‑keeper at Eskaton and they we......l confessional statement of Md. Belal and he proved Judicial confessional statement which was exhibited as Exhibit 3. P.W.12 Dr. Pronab Kumar Chakravorty performed Post Mortem Examination on the dead body of Nilufar and laid Report and he offered evidence in support of Post Mortem Report which is ex..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

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

....another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and o......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)

.... upon the Govern­ment in the same way as upon the original owner. In the instant case, the agreement for sale being entered into before 25th March, 1971, i.e. on 27-12-1970, is also binding upon the Government and the right and interest of the writ petitioners in the case property have not been aff...... notice of the said Miscellaneous Case was duly served upon him at that address. On 17-12-1987 Md. Atiqullah made a prayer to the respondent No 2 for not allotting the case pro­perty in favour of anybody stating, inter alia, that is the owner-in-possession of the case pro­perty by purchase; but du..

Category: Property Law | Date: 25 May, 2005 | Hits: 33