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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. ......ent June 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitione......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)
.... 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. ......f section 85 of the SAT Act……………...............(9) Since the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers ......be heritable but you shall not be entitled to transfer, or create any change on the land or any part thereof, during a period of five years from the date of the lease or till you have paid the entire amount of salami, whichever is later, if any transfer is made or any charge is created in contravent..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. ...... expect that the Ministry would cancel and/or withdraw such NOC without even a notice or hearing them. Such exercise of executive fiat would expose the government action and offends against the basic principles of fair play and is nothing less than being authoritative, arbitrary, arrogant and unjust......n of respondent Nos.3 and 4. Upon the application, on 3‑4‑02 the Commission issued a demand note for payment of Taka 14,950 as process fee. Following day i.e. on 4‑4‑02 the JTV deposited said amount. 7. On 7‑5‑02 the JTV also addressed a letter to the Chairman of the Spectrum Manage..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. ......her convict-appellant can be adorned with a verdict of acquittal on a finding of his innocence of the charge staged against him. 23. In approaching and answering to the questions posed, cardinal principles of Criminal Jurisprudence in awarding conviction followed by a consequential sentence upo......he word "abscondence" is derived from Latin term "abscondore" which means "to hide". Law on abscondence is well settled. Abscondence of an accused does not automatically amount to offence of guilty mind and abscondence is equally consistent with innocence and guilt. Abs..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
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. ......of of rash driving or riding on any public way is essential. The prosecution has the obligation of proving relevant facts from which the inference of negligence can be drawn. 23. The established principle of criminal jurisprudence is that the burden of proving an offence lies on the prosecution......ns thus, "Section 304B Causing death by rash driving or riding on a public way- Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term ..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. ......ot to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Code of Civil Procedure. It merely laid down emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time ......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)
....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. ......ut jurisdiction or made any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with ref......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)
....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. ......ent and not a judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported in 21 DLR (SC) 297. In that case also Pakistan Supreme Court held "Keening this principle in view, as also the Principle that in constitutional-Provision conferring a right th......ed individually and collectively in fulfilling the commitment to the People. g. Description of assets and liability of the candidate and dependant of the candidates. h. Particulars and amount of loan taken from Bank and Financial Institutions dealing with Public money personally, Join..Category: Election Law | Date: 24 May, 2005 | Hits: 11
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. ...... associated with such products. In other words, in a legal regime as this the interest of the consumers-members of the public must be held to always reign supreme. That this ought to be the governing principle is abundantly clear in the Judgment in H.R. Desai Vs. B.M. Batliwala reported in AIR 1958 ......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. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......e the evidence. Scrutinizing the evidence I find that there is no such contradiction between the first information report and the story that was made out in the course of trial. It is the established principle of law that the evidence adduced during trial will be accepted. So, it appears that the le......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
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. ......earned Sessions Judge upon examination of the record and the materials along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The principle of quashing proceeding has been formulated in the celebrated decision in the case of Abdul...... initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. Besides, some categ..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)
....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. ......ithout jurisdiction or made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......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. ......he Minister was issued without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaran......uilding or excavation or re-excavation of the tank, provided such person‑ (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than Tk. 5000 and more than Taka 50,000 to be determined by that Off..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, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ioners submitted that this Division consisting of 3(three) Judges' Bench illegally did not follow the decision of the 5(five) Judges' Bench of this Division reported in 46 DLR(AD)19 contrary to the principle of the doctrine of binding precedent requiring that a judgment of the larger Bench should ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
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. ......ested the suit by filing written statement denying the material allegation as made in the plaint and stated that the suit is not maintainable in its present form, barred by limitation and by the principle of estoppel and res judicata and no notice was properly served under section 106 of the Tr......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. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......(Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to pay an amount of Taka one lac thirty thousand by c..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
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. ......learned Counsel submits that in the absence of money element proviso to section 17 (1) of the Act has no application to a decree of the SCC Court and that as the ex parte decree being negation of the principle of hearing the other side and that as the appellant who was a defendant in the SCC suit be......mpliance with the judgment as the court may, on a previous application made by him in this behalf, have directed" were added so that the judgment-debtor may have an option to deposit in the court the amount due from him under the decree or in the alternative may provide security, that at that time i..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......ng of the informant damaged articles worth Taka 25,000 has no legal value in the eye of law unless such allegations are not established by convincing and credible evidence. 27. It is established principle of Criminal Jurisprudence that the prosecution has to prove the case beyond all reasonable......learly shows that the accused petitioners demanded subscription from the informant Saiful Islam and from his nephew Shibli Sadik, and his nephew victim Shibli Sadik who on his refusal to pay the amount demanded by the accused‑petitioners who created terror and panic being armed with deadly we..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
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. ......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. ......t for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail ..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. ......esh and Others in Writ Petition No.294 of 2001 and a Division Bench of this Court, in a similar situation, directed the BTTB to enquire into the correctness of the bills and to issue fresh bills. The principle expressed in the case referred to above applies in the facts and circumstances of the inst......pended local, NWD and ISD calls and as a result, in the subsequent 16 months, the petitioner only paid the line-rent as he received incoming calls. From September, 1999 to December, 2000, the maximum amount to be paid on account of the bill was Taka 182. On 8‑5‑2001, respondent No.7 sent a bill ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
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