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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..............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......y order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613. ..

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. ...... 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......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

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......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...... 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......………………….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……………………&he...... Ed. This Case is also Reported in: 57 DLR (2005) 553. ..

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 ......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…�...... 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)

....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.......2006) 26.......Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Hossain alias Rupa vs. Mizanur Rahman, 2 BLC 509, Moinuddin (Md) vs Amina Khan Majlish, 42 DLR 483, Md. Sirajul Islam vs. Helana Begum and others, 3 BLT 40, Hasibur Rahman (Md) vs. Shakila Begum and o..

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, Minist......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. ......) 598. ......his 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......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 ......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 ......ty 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)

.... 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......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. ......h Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment J....... 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. ......tted that the petitioner is a poor and unemployed man and for his livelihood he went abroad with the job; and the accused petitioner has served abroad for about 5 years and that thereafter he came to Bangladesh and immediately after his arrival in Bangladesh he had been living in his village and on ......20. ......learned Metropolitan Sessions Judge, Dhaka in Metropolitan Criminal Appeal No.312 of 2001 rejecting the Memo of appeal on the ground of limitation. 2. The prosecution case, in short, is that one Md. Abdul Quddus, Sergeant, Dhanmondi Traffic Zone, DMP, Dhaka lodged a first information report wit..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

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......r 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 others, 1994 BLD (AD) 234. Lawyers Invo......igh Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Khaled Ahmed Chowdhury…………………Petitioner Vs. State…………………………&helli......…………………………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 ..

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......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 abandoned property in the 'Ka' list published in the Bangladesh Gazette dated 23-9-1986, should not be declared to be without lawful authority and withou......urt High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Mahmuda Begum and others………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Ju......and possessed the same by residing therein along with the members of his family. On 27-12-1970 the respondent No.3 entered into a contract for sale of the case property with the original petitioner Md. Atiqullah (since deceased) for a consideration of Taka 10,000 only On the date of execution of t..

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

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... petitioner No.1, of this case who is also a practicing advocate of this Court. He submits that our is a Republic and our Constitution provides for government with consent of the People and such Government is only possible when they can elect their representatives by free fair and transparent e...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 20......nt No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....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. ......tice knowing full that a sitting judge can alone be removed and his capacity or conduct can be enquire into only under Article 96(4) (b) of the Constitution by the Supreme Judicial Council. 3. Bangladesh Bar Council being statutory body is obliged to act in aid of this Court and is bound to......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. ......d 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)

....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. ......ranspired that Unilac Australia Pty. Ltd. entered into an Agency Agreement on 1.7.1986 with M/s. Sanowara Corporation, represented by its proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia (Annexure-'B'). Subsequently, Unilac Au......cial Original Jurisdiction) Present: Syed Refaat Ahmed J New Zealand Milk Brands Ltd. of 25, the Terrace, Wellington, New Zealand……………Petitioner Vs. Sanowara Dairy & Industries Ltd., of 601, Ramjoy Mohajan Lane, Khatungonj, Chittagong a......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

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....e accused is alleged to have shown HSC certificate and in 1974, he showed his PTI pass certificate. It is further stated that he got promotion on 26‑6‑1990 as an Assistant Head Master in Kachiara Government Primary School showing fake HSC certificate. On verification of the tabulation sheet seiz......far Hossain Sarker who 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) 711. ......risdiction) Present: Siddiqur Rahman Miah J Muzaffar Hossain Sarker (Md.)………………………………Appellant Vs. State …………………………&hell......n: 57 DLR (2005) 711. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....he was injured below his knee. Thereafter, he assisted him to go home and poured water on his head. Thereafter, he was shifted in the Kushtia hospital for treatment. He is student of I Com in Kushtia Government College. He denied the defence suggestion that he did not give the statement to the insti......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. ......urt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment ......Referred to- Al Amin and others Vs. State, 51 DLR 154; Nayan Vs. State, 37 DLR 237; State Vs. Basirullah, 16 DLR 189; Mafu alias Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Abdul Awal, Advocate‑ For the Petitioner. MU Ahmed, Assistant Attorney-General‑ For the..

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. ...... (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR(SC)153, Mofazzal Hossain Mollah and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356. Lawyers Involved: Abdur Razzaque Khan, Additi......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskande......hammad Fazlul Karim J Amirul Kabir Chowdhury J The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In..

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)

....ourt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. ......pellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan A...... MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan Ara Begum and another ……………Respondents ......8. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

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