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Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....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.       ......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.       ......rd of Revenue & others………………Respondents (Customs Appeal No.17 of 2005) Judgment July 24, 2005. Result: Appeals are allowed. Lawyers Involved: Syed Ahmed, Advocate- For the Appel­lant. A.B.M. Nurul Islam, senior..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ......Bank, 37 DLR (AD) 1; ASF Rahman Vs. Bangladesh Bank, 52 DLR (AD) 61; Director, National Bank Vs. Bangladesh Bank, 2 BLC 20; IFIC Bank and others Vs. Beximco Holdings Ltd. and others, 57 DLR 154. Lawyers Involved: Amir-ul-Islam with Tania Amir, Dr. Shirin Sharmin Chowdhury & Moniruzzam..

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

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

.... case in connivance with some of her enemies, that he is quite innocent and that he has not committed any offence under section 6(5)(b) of the Muslim family Laws Ordinance,1961. 18. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled namely, (i) tha......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.   ......d. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984 BLD 144; Raman Lal Rathi Vs. State AIR 1951 Cal. 305; Ukha Kolhe Vs. State of Maharashtra AIR 1963 (SC) 1531. Lawyers Involved: Nitai Roy Chowdhury with Nuro Nabi, Advocates­- For the Petitioner. ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....plaintiffs did not adduce any evidence to prove their case of adverse pos­session rather they relied upon Exts. 1, 2 & 3 the receipt, bainapatra and kabala in support of their title. 16. The principle of law is that the case of adverse possession must be specifically pleaded in the pleading......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. ......€¦â€¦â€¦â€¦â€¦Appellant Vs. Rash Mohan Saha being dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005. Result: The Appeal is allowed. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Appellant. Md. Aftab Hossain..

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. ......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. ......gning 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 (appeared with the leave of the Court) instructed b..

Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....fication in any dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nepotism and favouritism instead of following the rules and procedu......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. ......man Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; Ab­dul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. Lawyers Involved: M.I. Farooqui with Md. Ruhul Quddus and Nazneen Nahar, Advocates- For the Pe..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....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.......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.......ibur Rahman (Md) vs. Shakila Begum and others reported in 53 DLR 152, Utpal Kanti Das vs Monju Rani Das, 50 DLR (AD) 47, 53 DLR 152, 42 DLR 483, 38 DLR (AD) 172, 35 DLR 160, 2 BLC 509, 34 DLR 221. Lawyers Involved: Minal Kanti Biswas, Advocate—For the Petitioner. Gobinda Chandra Tagore, A..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....ent June 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitione......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......lawful authority.....................(8) Cases Referred to- M/S Jubiles Syndicate Vs. Collector of Customs, (1968) 20 DLR 300; The University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioner. Md. Khashruzzaman, Advocat..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....f section 85 of the SAT Act……………...............(9) Since the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers ...... 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. ......ince the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers Involved: TH Khan, with Abul Quashem, Md. Abul Bashar, Moinuddin and Ariful Islam-For t..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

.... expect that the Ministry would cancel and/or withdraw such NOC without even a notice or hearing them. Such exercise of executive fiat would expose the government action and offends against the basic principles of fair play and is nothing less than being authoritative, arbitrary, arrogant and unjust......l licence for broadcasting and all other private television channels in Bangladesh have been broadcasting and telecasting their programmes on the basis of a NOC given by said Ministry. In the case of International Television Channel (Pvt.) Limited, the Commission vide its Memo dated 23‑1‑03 inqu......muni­cation Act, 2001 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……..(71) Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq and Rabe..

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)

....her convict-appellant can be adorned with a verdict of acquittal on a finding of his innocence of the charge staged against him. 23. In approaching and answering to the questions posed, cardinal principles of Criminal Jurisprudence in awarding conviction followed by a consequential sentence upo......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.   ...... State of Kerala and others Vs. Revada Chandrasekhar and others, 2001 SCC (Crl) 1048; Woolmington Vs. Director of Public Prosecutions, (1935) AC 462; Zilu Mia and others Vs. State, 1988 BLD 418. Lawyers Involved: Mahbubur Rahman with Zainal Abedin and Md. Abu Taher, Advocates- For Convict..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......€¦â€¦Petitioner Vs. Mosharef Hossein Sikder son of Late Ab­dul Mannan Sikder and others………………State Judgment June 15, 2005. Result: Rule is absolute. Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. A.B.M. Waliur Rahman K..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....of of rash driving or riding on any public way is essential. The prosecution has the obligation of proving relevant facts from which the inference of negligence can be drawn. 23. The established principle of criminal jurisprudence is that the burden of proving an offence lies on the prosecution......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. ......p;…..(28-30) Cases Referred to- Masum Ali and others Vs. State, 37 DLR 261; Montu Miah Vs. Akhlakur Rahman, 28 DLR 74; Jamir Hossain and others Vs. Crown, PLD 1949 (Lahore) 179. Lawyers Involved: Abdul Matin Khasru with Habibur Rahman and Farhad Ahmed‑ For the Petitioner..

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

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ot to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Code of Civil Procedure. It merely laid down emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time ......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.     ......y 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 Involved: Abdul Mannan Bhuiyan, Advocate- For the Petitioner. MU Ahmed, Assistant ..

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)

....ut jurisdiction or made any finding upon no evidence or without con­sidering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with ref......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. ......LR (AD) 16; Secretary, Ministry of Works, Dhaka Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners.  MA Azim Khair, D..

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

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

....ent and not a judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported in 21 DLR (SC) 297. In that case also Pakistan Supreme Court held "Keening this principle in view, as also the Principle that in constitutional-Provision confer­ring a right th......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.     ...... India Vs. Association for Democratic Reforms, (2002) 5 SCC; People's Union for Civil Liberties (PUCL) Vs. Union of India (2003) SCC, 399; Dr Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1. Lawyers Involved: Dr. Kamal Hossain, with Abdul Momen Chawdhury (InPerson) Advocates—For ..

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. ......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. ......citizen a right to have unimpeded access to justice and to the Courts of law, it is the Constitutional duty of this Court to protect such right by ensuring uninterrupted functioning of this Court. Lawyers have no right to strike i.e. to abstain from appearing in the Court or boycott the Court in..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

.... associated with such products. In other words, in a legal regime as this the interest of the consumers-members of the public must be held to always reign supreme. That this ought to be the governing principle is abundantly clear in the Judgment in H.R. Desai Vs. B.M. Batliwala reported in AIR 1958 ......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. ...... New Light Chemical Industries Vs. Registrar of Trade Marks and Another, PLD 1963,Dacca 75 at para. 7, pg. 79; Hyde's Tm (1878) 7Ch D 724; BCIC Vs. Sattar Match Works, 44 DLR (AD) 1992, 208. Lawyers Involved: Mahmudul Islam, Senior Advocate with Moazzem Hossain, Advocate and Ziaul Hasa..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

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

....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.     ......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.     ......llip;…………………………………Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-..

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

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

....e the evidence. Scrutinizing the evidence I find that there is no such contradiction between the first information report and the story that was made out in the course of trial. It is the established principle of law that the evidence adduced during trial will be accepted. So, it appears that the le......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. ......lip;.. (42) Cases 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 Atto..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4