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Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......and now cannot be reopened in a review petition. 30. The next point urged by the learned counsels for the petitioners is that this court has committed gross violation of the principle of natural justice by taking into consideration the affidavit dated 4-3-02 of Mr. Anisur Rahman, the co..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......ization since same could only be granted by the Court before which the Award finally brought for making the same rule of the Court as seen from the case reported in 46 DLR (AD) 97. It would be the natural conclusion that though the Arbitrator awarded interest on the awarded amount till realizati..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......deem necessary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be a clear violation of the principle of natural justice. More so, when subsection (4) of section 11 of the Act debars a detenu to ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a deci...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... Ed. ......he other case relied upon by the learned Advocate‑on‑Record is the case of Adaikalammai vs Raman reported in (1909) ILR 32 Madras 90. Facts of the case is that A, who was not the son, natural or adopted, of the deceased B, executed a deed of mortgage of certain properties of B in fa..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......nd the report which was attested by the Secretary on 14-10-1988 was the final evaluation report, ETV was duly qualified, Licensing Agreement with Mr. AS Mahmud was a lawful one as ETV was neither a natural or a legal person, the subsequent transfer of licence to ETV was proper and lawful, the Mi..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......mits that the High Court Division failed to appreciate the legal position as propounded in the case reported in 5 BLT (AD)1 = 2 BLC (AD) 18. He also submits that the father is the competent and natural guardian of the minor girl and her continuous detention is illegal. It is the definite cas..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred...... were of no influence on the conclusion. (ii) That the question as to whether a particular Article comments on a decided case constitutes contempt of Court would depend on the factum what is the natural and probable effect of the Article/ comments and not the avowed intention of the editor mani..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ...... (2002) 537. ......r of Finance. 9. As regards the transfer of licence, these respondents claim that respondent No. 7 participated in the tender as the proprietor of Messers Ekushey TV and as the ETV was neither a natural or a legal person, licensing agreement was signed by the proprietor and subsequently when th..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... ......ion before National Board of Revenue for exemption of customs duty due to closure of the factory for maintenance of the machine used for the production had to be machinery, seasonal closure, lay off, natural calamities, accident or any other unavoidable circumstances, etc. 26. In the case of M..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......in J Md Fazlul Karim J Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corporation and another............Respondent Judgment July 24, 2001. ......ed post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4) Lawyers Involved: Md. Moksudur Rahman, Senio..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... ......d such a principle will be read into the relevant law, unless its application is excluded by express words. A duty is cast on every Administrative Tribunal to act with due regard to the principles of natural justice, unless specifically exempted from such a limitation" 45. In the case of U..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......il) Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap...... approved temporarily in his favour in respect of particular vessels, if in the opinion of the Authority such action is warranted in the public interest (a) In case of emergency, natural calamity and safety and security of the State. (b) In case a vessel is depl..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
.... us hereinbefore. It is in the evidence on record that the victim was administered treatment by the doctor called by convict Babul’s, brother. So it altogether cannot be said that the convicts were disinterested in taking care of the victim after she sustained burning injuries. The circumstances a......soner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absco......nce of P.W.13, investigating officer, that on 28-12-1996 he was with the Superintendent of the Police in connection with his duty on the occasion of the visit of the Home Minister. It is probable and natural that when the SP said to have gone near the victim and said to have talked to the victim, P...Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......র্যকর থাকিবে।” We may quote the following passage from Bindra’s Interpretation of Statutes, 7th edition, page 1093: “The non-obstante clause must be given its natural and ordinary meaning. The word “notwithstanding” must be given its full effect, and it i..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&......aintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be eq..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......fuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ...... State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorne......e accompanied by his mother, sister, P.W.6 Md. Bujrat Ali, Ismail Member and others. Some of them are witnesses in the case. He denied the suggestion that accused did not murder his sister who died a natural death and at the instigation of cliquish persons he started the case against the accused. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
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