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Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....cate for the opposite party submitted that both the courts below passed sound judgments and decrees. He further submitted that the suit was not maintainable since barred by limitation and hit by principle of res judicata. He against submitted giving a short back ground of the suit land that one...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ary 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, 40 DLR (AD) 56. Lawyers Involved: Md. Tafazzal Hossain- For the Petitioners. Md. Abdul Quddus Mia- For th..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....e, of the view that the plaintiff is entitled to a decree for specific performance of contract in respect of the suit property. It will be in the fitness of things and quite in consonance with the principle of justice, equity and good conscience to decree the suit. The learned Subordinate Judg...... 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. ...... 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 the Evidence Act is that the burden of proof lies with the party who su..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......n giving such
opportunity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
57 DLR 164=25 BLD 171
Lawyers Involved:
Rokanuddin Mahmud with Md. Waliur Reza Chaudhury-For the Petitioner.
Raf..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......operty as secular property, which, in fact was not the legal position…………………….(15) Case Referred to- Sukumar Bose and others Vs. Abani Kumar Haider and others 60 C.W.N.778. Lawyers Involved: A.S.M. Khalequzzaman, Advocate- on-Record for the Appellant (In Civil Appeal ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......ts.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......se its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appellant.
None-For the Respondent.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....l address available with the
college authority, etc. Mr. Rahman submits that the impugned order of
dismissal of the plaintiff-petitioner is illegal, without lawful authority and
violative of the principle of natural justice having been passed without giving
her any opportunity of being heard. ......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......igRam and others, 48 DLR (AD) 154; Abdul
Mazid Howlader and another Vs. Lahajuddin Howlader & ors., 48 DLR (AD)(1996)
160; Safaruddin and others Vs. Fazlul Huq and others, 5 BLT (AD) 201.
Lawyers Involved:
Md. Mazibar Rahman, with Gouranga Chandra Kar, Advocates-For
the Petitioners..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......t-Petitioners Vs. Noresh Chandra Mondal and others……………………..Plaintiff Opposite parties Judgment December 4, 2005. Result: The Rule is discharged. Lawyers Involved: Zakir Hossain - For the petitioners. Momtazuddin Ahmed - For the Oppos..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
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. ...... 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. ......concerned an opportunity of being heard. Cases Referred to- Coca-Cola Company Vs. Registrar of Trade Marks, 6 BLC 522; Nabisco Inc USA Vs. Registrar of Trade Marks, 2002 BLD 640. Lawyers Involved: Md. Ohiullah, Advocate — For the Appellant. No one — F..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....o be consistent and unimpeachable, and the defence side could not even cross-examine her with reference to the earlier 161 statements to bring any omission or contradiction. It is also an established principle of law that it is not the quantity but the quality of evidence is necessary to be consider......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attor..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....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. ......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. ......lip;……………………………………..Respondent Judgment October 23, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. .......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 Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. ..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. ......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 Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR (SC) 276; Chajju Ram Vs. Neki and others, (1922) Lloyd's Rep XLIX IA 144; Abdul Karim Vs. Arch Bishop and another, 36 DLR (AD) 38. Lawyers Involved: Fazlul Karim with MA Harun, Advocate‑ For the Petitioner. Md. Joynul A..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....within the meaning of section 23 of the Contract Act, it has been held that: "the question whether a contract or a term of a contract is opposed to public policy or not is to be decided on general principles only. Such a. contract was immoral and opposed to public policy. Although a marriage when......achalam and others, 32 Mad 185 (DB); 4 Bombay Law Reports 948 (DB); Janu Sait vs Ramaswami Naidu, AIR 1923 Madras 626; Somu Pillai vs The Municipal Council, Mayavaram, ILR Mad (1905) 520 and Sapphire International Petroleum Ltd (Sapphire) vs National Iranian Oil Co., 35 ILR 136(1953). Lawyers In......es Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata Kristnayya and others vs Kalavagunta Venkatachalam and others, 32 Mad 185 (DB); 4 Bombay Law Reports 948 (DB); Janu Sait vs Ramaswami Naidu, AIR 1923 Madras 626; Somu Pillai vs The Municipa..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cision-maker cannot complain if he is held to have had
no rational reason for deciding differently, and that in the absence of reasons
he is in danger of being held to have acted arbitrarily". This principle
as he submits, has been considered in the reported case of Tata Cellular
Vs. Union of ......
2. The petitioner is a business concern and Local
Representative of British Polar Engines Ltd. and also a supplier and a Contractor.
In response to the invitation of Tender with regard to International Tender
Notice No.2 of 2004-2005 dated 9.12.2004 for procurement of Deck Mounted 360......
51 DLR (AD) 24; 54
DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of India A.I.R.
1996 S.C. 11; Associated Provincial Picture Houses Ltd. Vs. Wednesbury
Corporation.
Lawyers Involved:
Md. Ozair Faruque-For the Petitioner.
M. Amirul Islam-For Respondent No..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
....... Abdul Wahhab Mia and others, 4 BLC (AD) 1; Abdul Motaleb and others Vs. Fazle Karim and others, 1997 MLR (AD) 192; Ali Ahmed and others Vs. Government of Bangladesh and others, 55 DLR (AD) 92.
Lawyers Involved:
Mahbubey Alam with Zulfiquar Ahmed, Advocates- For the Petitioners.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....t, no separate designation of these areas also is necessary for involving more than one district, then only a designation of that area as an administrative unit will be necessary." Elaborating the principle in respect of an 'administrative unit', his Lordship held at para-29: "29. For true con......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. ......R 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee Co., (1920) Ltd. (1924) I KB 171; (1923) All ER Rep 150. Lawyers Involved: Dr. Kamal Hossain with Tanjibul Alam, Ms. Amatul Karim and Ms. Sadeka Jahan, Ad..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ......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. ......lip;………………………………Respondent-State Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossai..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....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. ......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. ...... State, 42 DLR (AD) 186; Senu Mia Vs. State, 3 BLC 441; Angur Vs. State, 41 DLR 66; Abu Taker Vs. State, 1991 BLD (AD) 80; State Vs. Monu Mia, 54 DLR (AD) 60; Abul Hossain Vs. State, 46 DLR 77. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate — For the Appellant. Parvin H..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
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. ......oter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. Lawyers Involved: Md. Giashuddin Ahmed - For the petitioner. Md. Harun-or-Rashid, Advocat..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....e Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Co......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.
......of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR (AD) 199; SP Sampad Vs. Union of India, AIR 1987 SC 385; JB Chopor Vs. Union of India, AIR 1987 page 357.
Lawyers Involved:
Abu Bakkar Siddique, Advocate‑ For the Petitioner
SAM Mahbub Elahi, De..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
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