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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....away of the victim. He denied the suggestion that the age of the victim was 18 years or that he was deposing falsely. 13. P.W.8, Md. Idris Ali deposed that he was the Headmaster of West Awliapur Government Primary School. The victim was admitted into his school in Class-1 on 22.06.1992. The ser...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment Febru..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ion money to the defendant No.1 of his earn­ing in the United Kingdom; that according to the terms of agreement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for trans­ferring the suit property and ...... constructed a pucca house thereon and she herself resided in the house and thus she has been enjoying the suit property. 4. It is further stated in the plaint that af­ter the liberation of Bangladesh, the suit prop­erty was wrongly treated as abandoned prop­erty and the same was vested......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005...... (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgm..

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)

....h Court Division Judgment Here. Supreme Court Appellate Division (Civil) 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 Proper......on Judgment Here. Supreme Court Appellate Division (Civil) 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 ..........angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ...... 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. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgme..

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

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... College & ors. Vs. Md. Abdus Samad and others, 49 DLR 38; Sonali Bank and another Vs. Chandon Kumar Nandi, 48 DLR (HCD) 330; Mt. Jahan Ara Begum Vs. A. L. Md. Shamsul Hoque, 27 DLR (AD) 129; Government Body of Kapilmuni College, rep­resented by the Principal, Kapilmuni College Vs. Sheikh ...... Ali and ors, 51 DLR (AD) 31; Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Educa­tion, Jessore and others, 48 DLR (HCD) 128; The Province of East Pakistan Vs. Mir Golam Sarwar, 341; Bangladesh Water Development Board, rep­resented by its Chairman Vs. Syed Moazzem Hossain and othe...... Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment ......al Jurisdiction) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Partie..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

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. ......rade Mark "Well Run" used as brake fluid. In the application in TM 5 it was stated that the appellant has been manufacturing and selling their goods brake oil throughout the world including Bangladesh since long before in the world market under the Trade Mark "Well Run" being reg......tion) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The......l Appellate Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. ..

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

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. ......                  Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Crimi­nal Appeal No.2059 of 2001 a......ssir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State…………………………..

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

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......(Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………â......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde......sion (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………â€..

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

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ......n perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…………(7-11) Cases Referred to- Fazle Karim Vs. Bangladesh, 48 DLR (AD) 178; Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2......nbsp;   Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Pa..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

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......ead the High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and othe..

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......ed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ra......l Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Re­spondents Judgment August 15, 2005. Result: ......urisdiction) Present: Syed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communi..

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......on (Special Original Jurisdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J ASM Anayetullah & others.............................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors.............. Syed Md. Dastagir Husain J Md. Ashfaqul Islam J ASM Anayetullah & others.............................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors............................................................Res......rt Division (Special Original Jurisdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J ASM Anayetullah & others.............................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & or..

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....... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... is also Reported in: 15 BLT (HCD) (2007) 156. ...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Service Trust (Blast)………………………………Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment Augu..

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

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......lip;………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctnes......ision (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar……………………&helli..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

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 ......isdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others......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......ivision (Special Original Jurisdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Divisi..

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......………………….Opposite Parties Judgment July 13, 2005. Result: The Petition is dismissed. Cases Referred to- Warish Miah Vs. Bangladesh, 1989 BLD 212 = 41 DLR 51; Nur Mohammad Vs. Badruddoza Chowdhury and another, 1990 BLD (A......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......……………………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………&he..

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

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......amp; ors. Vs. Prof. Zillur Rahman & ors., 37 DLR 83; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 54 DLR (AD) 130; Md. Nurul Haque and others Vs. Man­ager, Bangladesh Bank, 39 DLR 310; Dr. Mohiuddin Farooque Vs. Bangla­desh, represented by the Secretary ......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 ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others…â€..

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.......………..……………….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......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......p;…………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka ......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......ellip;…………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Minist..

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. ......ase is also Reported in: 57 DLR (HCD) (2005) 598. ......) 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......Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment June ...... in: 57 DLR (2005) 345. ......gh Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment ..

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