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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. ...... is also Reported in: 15 BLT (HCD) (2007) 156. ......t there shall a Gram Sharker in each of the wards. Sub-section 3 envisages that the Gram Sharker shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and can sue and be sued in its own name. In short, it will be a......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. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....n 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 process of departmental proceeding started against. the petitioner vide annexure-D by p......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul......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.
......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)
....ainant or the chairman of the Union Parishad married one Musammat Tahera Khatun as his second wife and they have been passing their days as husband and wife. On the other hand, the accused petitioner completely denied about the second marriage stating that she has falsely implicated the petitioner i...... 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 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984......er to the decision in the case of Raman Lal Rathi Vs. State AIR 1951 Cal. 305 wherein Harries observed: "But retrial cannot be ordered on the ground that the prosecution did not produce the proper evidence and did not know how to prove their case.” 45. This view was quoted with ......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
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....nd Kumudini Saha in support of their title. 17. In our view by obtaining a kabala Ext. 3 dated 24.03.1975 from the present appellant in respect of the suit property the plaintiffs have given a complete go by to their case of adverse possession from the date of the receipt Ext. 1 and Bainapatr......te-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). ......nd with a two storied building which belonged to one Rajeshwar Saha, father of defendant No. 1 and maternal uncle of the plaintiffs (respondent Nos. 1 and 2). Rajeshwar Saha made a gift of this property to his wife, Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis o......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. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others..............................Petitioners Vs. Capital Service Center Ltd and othe......cial order of a court should be speaking assigning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the decision is taken is proper, the order passed is sustainable. Lawyers Involved: AM Mahbubuddin, Advocate (appea......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....dentally it may be mentioned that it has been held in the case between Abu Taher Chowdhury and others Vs. The State, reported in 11 DLR (AD) 2 that "for promoting the cause of justice, for doing complete justice and for prevention of miscarriage of justice, this Court power is very wide, over ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......t relief for aforesaid reasons, non-consideration of the documents filed by him for granting the relief does not arise in view of the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi University and there was no breach of such......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. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ents of Hindu marriage, namely, invocation before the sacred fire and saptapdai. In the absence of any proof of fulfillment of invocation before the sacred fire and saptapadi, a Hindu marriage is not complete and thus the plaintiff is not entitled to any relief in the suit. In support of his submiss......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho......assed by the Assistant Judge, 4th Court and Family Court, Dhaka in Family Suit No. 11 of 1987 should not be set aside or such other of further order or orders passed as to this Court may seem fit and proper. 2. These two rules arose out of judgment and decree passed by the learned District Judge,......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)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......ellip;………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………………Respondents Judgment Jun......nnexure-E and F) should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh. He passed his Dhakhil Examination in the ......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. ......ase is also Reported in: 57 DLR (HCD) (2005) 598. ......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 settlement whereupon proper inquiry was held through Tahshildar and the said 0.55 acre of land was settled to said Mofizu...... 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)
....f the secretary to the Commission, which makes the intention of the government very clear not to see the Commission really independent of it. The government by tradition was not prepared to have complete trust and confidence upon the Commission. Keeping the power in the hands of the Government ...... in: 57 DLR (2005) 345. ......hout notice or hearing. A licence granted by the Commission under the Act could only be cancelled or suspended by it by following the procedure of section 46 of the Act after giving the licensee proper notice and hearing. A licence granted by the Commission under the Bangladesh Telecommuni......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)
....t Information Report. He drew his last breath during course of cross-examination without drawing an end to cross examination. He could not be cross-examined fully and his cross-examination remained incomplete. P.W.2 Anjumanara Rashid was the mother of deceased Nilufar. P.W.3 Khairunnessa, alias Rinu......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......ivorcee daughter of P.W.1 and Mahbubuddin turned down that proposal. Father‑in‑law (P.W.1), mother‑in‑law (P.W.2) put pressure upon Mahbubuddin to effect transfer of 14 and half acres of property in the name of Nilufar after Nilufar's death and Mahbubuddin did not submit to pressure......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. ..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. ......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka. He further submits that the learned Metropolitan Sessions Judge disallowed the petition for condonation of delay of 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the m......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. ......ellip;……………………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; Nadira Rahman Vs. Syed A......h he relies. It is for the accused-petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of revision has been of such a character that it would be proper to condone the period of delay that has occurred, beyond the period of limitation. The Court ......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. ......so Reported in: 13 BLC (HCD) (2008) 247. ......e-C) passed by the respondent No.1 should not be declared to be without lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show cause as to why the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka enlisted as an abando......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. ......14) 9. ......resentation Order 1972 that there is no provision covering the matters sought for in this case. Since law is silent on this matter there is no difficulty on the part of this Court to provide for proper guide line. This question was also discussed in the case referred to by Dr. Kamal Hossai......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
....ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......Abdur Rahman J
Judgment
May 23, 2005.
Suo Moto Ex-parte
Order 2005.
Judgment
Md. Abdul Matin J.-
Since
our Republic was established pledging amongst others the rule of law and
fundamental human rights ensuring to every citizen a right to have unimpeded
access to justice......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....; and the device of a cow represented in the same manner and accordingly the same was registered in favour of the Opposite Party No.1 under Application No.66879 on 5.9.2000 for ghee and butter oil in complete derogation of the provisions in Sections 10(1) and 8(a) of the Act where there is a prohibi...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......hat process become integrated with the business of the Predecessors-in-interest of the Petitioner, but further that in the facts and circumstances of this case the trade mark connotes and denotes the property of the Predecessors-in-interest of the Petitioner and no one else. This is further substant......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. ...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......ate on appreciation of the evidence of the witnesses, rightly convicted the accused persons by his judgment and order dated 20‑10‑1993. He further submits that the learned appellate Court without proper appreciation of the evidence, of the witnesses most illegally allowed the appeal setting asid......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
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....tated that they submitted the documents asked for along with the application and they are again submitting the same documents. The petitioner uninterruptedly continued the construction work and "completed the construction of infrastructure." Thereafter, the petitioners, to their utter shoc......in: 57 DLR (2005) 762. ...... the petitioner to stop the construction work and further directed to remove the construction within 7 days and further warned the petitioner to the effect that since the construction is unauthorised proper action will be taken for removing the unauthorised construction under section ঢক(২) of ...... 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
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. ......Case is also Reported in: 13 BLC (HCD) (2008) 185. ......ow cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 1995 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajsh......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
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