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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....Criminal Appeal No.381 of 1999. Judgment Sayed Mohammad Ziaul Karim J.- By this appeal convict appellant Md. Abdul Hannan alias Khalil has challenged the propriety of the Judgment and order dated 31-01-1999 passed by the learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Pat...... 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. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... Md. Abdul Quddus Mia- For the Opposite Parties. Civil Revision No.1685 of 1999. Judgment Md. Mizanur Rahman Bhuiyan J.-This rule is directed against the Judgment and decree dated 20-10-1998 passed by the learned Subordinate Judge, 2nd Court, Comilla, in Title Appeal N......nts of more than 30 years had the presumptive value, which was not considered by either of the courts below though the agreement was made on 04-12-1947. In support of his contention he cited the decision in the case of Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kan..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ormance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
.... Ain together,
it can be inferred that the legislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objection or any date fixed by the Adalat………………….(6)
When the
application was fixed for hearing......ny date fixed by the Adalat………………….(6)
When the
application was fixed for hearing on maintrainability, the learned Judge of
the Artha Rin Adalat ought to have firstly given a decision requiring the
petitioner to furnish security on a given date affording the petitioner oppo..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....
Civil Revision No.2986 of 2004.
Judgment
Md. Abdul Aziz J.- This Rule was issued calling upon the opposite party
nos.1-11 to show cause as to why the impugned judgment and decree dated
11.10.2003 passed in Other Appeal No.55 of 2002 by the learned Joint District
Judge, 2nd Cou......her husband and remained absent from the College from 19.12.1997
to 13.7.1998 without any permission. The Governing Body of the College in its
meeting held on 14.7.1997, 13.7.98 and 9.8.98 took a decision to constitute a 3
members enquiry committee to hold enquiry against her. The enquiry commi..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
.... the petitioners. Momtazuddin Ahmed - For the Opposite Parties. Civil Revision No.178 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No...... learned Advocate for the Petitioner on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned order. He prayed for an interfere..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
..... No one — For the Respondents. Trade Mark Appeal No. 26 of 2001 Judgment Md. Awlad Ali J. - This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 filed o......pplicant in Form TM 55 the Registrar of Trade Marks was ;T, justified under the law and Rules to note that the opposition case has been abandoned without hearing the parties, fixing a fresh date. Two decisions of this Court have been referred to by the learned Advocate for the appellant, one is in t..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
...., Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his conviction and sentence under section 302 of the Penal Code by the Impugned judgment and order dated 9-9-2003 passed in Sessions Case No. 57 of 2002 arising out of Chunarughat Police Station Case......ely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of PW 2 full, complete and self-contained. In this respect, there are several decisions of our Apex Court with reference to section 134, the Evidence Act. The case of Yusuf Sk Vs..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....a and publishing the same in the "Daily Cox's Bazar" on 31st July, 2002 by the Assistant Engineer, Zila Parishad, Cox's Bazar and Memo No-পৌর-২/উঃ প্রঃ (কক্স) 15-24/98/693 dated 23.7.2002 purportedly issued from the office of the respondent No.1 under the signature of Zak......ing such a Memo, marked Annexure C(i). Moreso, the direction of the respondent No.1 to hand over the management of the said Bus Terminal to the disposal of the Zila Parishad is against the Government decision and public policy of the Government which will be crystal clear from Annexure-H. As such th..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). Judg......provisions of BT Act, 2001 to identify inconsistencies, if any, and to submit a report therein with recommendation as to modification to the licence agreement and intimated the petitioner of the said decision on 2-11-2003 requesting the petitioner to nominate a representative to participate in the p..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....
show cause as to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
International Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit Powered by......nfluenced informed the RHD authority as
per Memo No.সজস-২/টেন্ডার-অভিযোগ/২০০৫-৬৭৯dated 30.6.2005 that the Government has
approved the recommendation/ decision of the Tender Evaluation Committee
although the difference is more than Tk. 2,50,00,000.00..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....l- For the Respondents.
Writ Petition No.4778 of 2003.
Judgment
Md. Ashfaqul Islam J.- This Rule was issued calling Upon the respondents to show cause as to why the impugned order dated 10‑7‑1969 passed by Deputy Magistrate and the Deputy Collector and Land Acquisition Office......r the provisions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory. To find the answer it would be profitable to take recourse to a decision reported in 4 BLC (AD) 1, Government of the People's Republic of Bangladesh and others ..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....n area as an administrative unit for the purpose of Article 59 in exercise of its plenary legislative power (Article 65) establish local Government is mischievous as it would amount to defying the mandate of Articles 59 and 60 which cannot be permitted. The argument, therefore, must be rejected." ......ise of legislative power on the part of the Parliament and consequently this law is ultra vires to the Constitution and unconstitutional. In support of his argument the learned Advocate relied on the decision in the case of Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Se..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
.... Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Case No.1......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. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....ondent. Criminal Appeal No.622 of 2000. Judgment SM Ziaul Karim J.- By this appeal, convict appellant Sadeque @ Sadequr Rahman has challenged the propriety of the Judgment and order dated 22-9- 1999 passed by the learned Additional Sessions Judge, Narsingdi in Sessions Case No. 64......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. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....r-Rashid, Advocate - For the opposite party. Civil Revision No.4459 of 2002. Judgment Md. Abdul Aziz J.- The opposite party was directed to show cause as to why the judgment and decree dated 29.7.02 and 31.7.2002 respectively passed by the learned Joint District. Judge, 2nd Court, Joy...... and not a public documents, the entry of his age made therein cannot be considered under section 35 of the Evidence Act as against the entry of his age in the voter list marked Ext. 3. He referred a decision in the case of Aysha Sultana Vs. Shahajahan Ali, reported in 38 DLR 140 in support of his s..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....wful authority and is of no legal effect and the subsequent Rule in Writ Petition No.4585 of 1997 was issued in the manner that why the impugned Memo being No.11(16) Customs Administration‑3/91/775 dated 3‑12‑96 containing charge-sheet as contained in Annexure-K should not be declared to have ......ourt that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should be adjudicated by the Administrative Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdic..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
.... provision of Section 196D, 196F and 196G runs as follows: "196D. Appeal to the High Court Division:- The commissioner of Customs or the other party may, within ninety days of the date upon which he is served with notice of an order under Section 196B, by an application, pre......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... Judgment Md. Abdur Rashid J.- One Shafiuddin who was elected chairman obtained the Rule upon making an application under section 115 of the Code of Civil Procedure against judgment and order dated 13‑3-05 passed by the learned District Judge, Narsingdi in Election Tribunal Appeal No.1 of ......dent No.5, does not, in our view, make him disqualified." 37. In Nur Mohammad Vs. Badruddoza Chowdhury and another, 1990 BLD (AD) 99 = 42 DLR (AD) 116, the Appellate Division, following the decisions in 40 DLR (AD) 10 and 41 DLR (AD) 68, held that failure to pay any instalment makes the bo..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....ment Siddiqur Rahman Miah J.- This criminal revisional application under section 439 of the Code of Criminal Procedure at the instance of Md. Ashraful Alam is directed against judgment and order dated 5‑8‑1999 passed by the learned Additional Sessions Judge, Nawabganj, in Criminal Appeal No......ng the defence case; that the prosecution has miserably failed to prove its case beyond all reasonable shadow of doubt and, as such, both the Courts be low committed an error of law and fact in their decisions occasioning failure of justice. 14. Mrs. Shamim Ara Dora, the learned Assistant Attor..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
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