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....991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the date of
auction sale of the propert......urity on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
5......ase shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Awlad Ali J
Zinat Ara J
M/S. Uttara Properties Ltd…………………………………………Petitioner
Vs.
Joint District Judge and Artharin
Adalat No.1, Dhaka and others…………Re..
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: ...... continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of the government and treating the property as abandoned property under section 92 of the Stat......t. Ed. This Case is also Reported in: ......e 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 .....................Appellant (In Civil Appeal No..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.
...... into possession, the Court may exercise 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 Appe......his Case is also Reported in: 27 BLD (HCD) (2007)61.
......f 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.
First Miscellaneous Appeal No.177 of 2004.
Judgment
ABM Khairul Haq..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....ege to resume
her duties on 15.9.98 but the defendant No.1 refused to accept her joining
letter informing her that she has been dismissed from her service and the
order of her dismissal has been published on 2.9.1998 in a local daily
"Sandhan" as a notification and he advised her to submit app...... 14.9.1998. She went to the college to resume
her duties on 15.9.98 but the defendant No.1 refused to accept her joining
letter informing her that she has been dismissed from her service and the
order of her dismissal has been published on 2.9.1998 in a local daily
"Sandhan" as a notification ......tion)
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judg......l Revisional
Jurisdiction)
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Oppos..
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. ...... - For 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 App......Civil) Present: Shahidul Islam J Abdul Sobahan and others……………………….Defendant-Petitioners Vs. Noresh Chandra Mondal and others……………………..Plaintiff Opposite parties Judgment December 4, 2005. Result: The Rule is dischar......15 BLT (HCD) (2007) 91. ..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. ......ellant. 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 f....... This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......ompany 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 — For the Respondents. Trade Mark Appeal No. 26 of 2001 Judgment Md. Awlad ..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....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....... Judge, 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 Statio......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s...... Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted..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. ......p; 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 affir......ot find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......ed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Habibur Rahman………………………Petitioner Vs. The State……………………&he..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down 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: 26 BLD (HCD) (2007) 29. ......l No.385 of 1997. Judgment AKM Fazlur Rahman J.-This appeal preferred by convict appellants (1) Jabbar, (2) Rafiq Mia, (3) Tuku and (4) Kibria Sheikh is directed against the judgment and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convi...... this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......rn door went out. His wife with a burning hurricane in her hand followed them. Appellant Jabbar stabbed on the chest of Salam by chhora who fell down. Then appellants Rafique and Tuku gave him one blow each. Thereafter appellant Kibria gave him three chhora blows. He (informant) saw the abo..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....Afzal Hossain Ahmed J.-This Rule Nisi was issued calling upon the respondents to show cause as to why the Notice inviting tender for leasing out the Central Bus Terminal of Cox's Bazar Pourashava and publishing the same in the "Daily Cox's Bazar" on 31st July, 2002 by the Assistant Engineer, Zila Pa......given to the petitioner upon which the petitioner constructed the Bus Stand, in question, the lease-hold right being admittedly, heritable and transferable, the Government cannot cancel the allotment order arbitrarily without canceling the lease deed through the process of law as the petitioner's ri......o 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. ......urt Division (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………………………………………………………..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. ......p;……Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in ...... Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment ......sp; Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………O..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....t petition) for installation of 3 lac Public Switching Telephones commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as ME A). Accordingly, the MOPT published an invitation for international tender in The Financial Times, London on 1-12-1998 (Annexu......ructed 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). ...... interference. The petition is, accordingly, dismissed. Ed. ......t 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 of Post & Telecommunications ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......৭৯dated 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 which is the impugned
order dated 30.6.2005. The petitioner thereafter moved this application and
obtained the present ...... the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......Original Jurisdiction)
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 ..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....the learned judges of the High Court Division could pass under law was to direct the appellants either to derequisition the case property under section 8B of the Act or to finally acquire the same by publishing in the Bangladesh Gazette a notification under section 5(7) of the said Act. That is all ......General- 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 ......ervation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......
High Court 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 Administrati..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....স্থানীয় সরকার (গ্রাম সরকার) আইন,1997] (Act No.XXI 21 of 1997). The said Act was repealed by Section 27 of this Act. This. Gram Sharker Ain, 2003, was published in Bangladesh Gazette on 27.2.2003. 8. During hearing of the writ petition, both the pa......egations in the petition. It is stated in the affidavit in opposition that the Gram Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functi...... 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. ......gh Court 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..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......p; Md. Ruhul Amin J: Leave was granted upon observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefly not......ve we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......t excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectively and the acquisition of the said land was illegal. It may be mentioned the canal in question is being excavated in connection with the implementation of the Teesta Ba..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
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. ......l with 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 Cas......py of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ...... accused Ful Banu under sections 314/34 of the Penal Code and sentencing to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer further rigorous imprisonment for one year. 2. Short prosecution case is that on 12‑8‑1998 appellant Raqib without the consen..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. ......e-Respondent. 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 ...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......ice Station, District-Narsingdi. At about 7-00 PM 15/20 dacoits being armed with cut rifles, dao, dagger, cocktail, etc. forcibly entered into the cattle market and looted away the collected toll money total worth Taka 1,70,000 from him as well as from the other toll houses. During commission of..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. ...... in an error in the decision occasioning failure of justice and as such I find no merit in the Rule and the same is liable to be discharged. 13. In the result, the Rule is discharged without any order as to cost. The judgment and decree of the appellate Court below is hereby upheld and that of ......…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 correctness under the provisio...... Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar…………………&hel..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....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.
......ed by the Administrative 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 right......ult, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......gh Court Division
(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 Resour..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
8677322847586848605814747602718669846390262848668897378612838936864380288972