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Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....lly from the paper local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery Department and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of F......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....udio business. The defendants denied that Roy Mohan ever sent any money to Hari Mohan or defendant Nos. 11‑13. It has been further alleged by the defendants that the plaintiff was educated upto higher secondary certificate, by the financial assistance of Hari Mohan and that the property of sch......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....roneously in not considering, the real fact of writ petition including those that during SSC Examination held in 1995 various deeds of corruption, violation of office discipline and order of the higher authority and in this way the writ petitioner gained illegal monetary benefit by misusing the......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....issing the leave petition mainly upon the view taken by the court on the basis of the affidavit of the Chairman of the Evaluation Committee that the evaluation report was substituted at the behest of higher authority without taking into consideration contradictory statement made by the same Chairman......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. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....09;2‑98 stating, inter alia, that the persons responsible for promoting the petitioners and others to the post of SDO were not available and some Of the, promoted officers were holding office higher than the post of the respondent No. 2 and, as such., it was not amenable for taking action a......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....dated 16-2-2002 signed also by the Civil Engineer and the Chief Engineer of BTV it is stated that the convener called all of them and asked to change the recommendation, as it was the desire of the higher authority. The recommendation was changed accordingly and signed by all the members. ...... 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. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ournalist is an ordinary part of the freedom of the subject, and to whatever lengths the subject in general may go, so may go journalist, but, apart from statute law, his privilege is no other and no higher. 54. This is not to say that judicial decision may not be subjected to criticism; they c......f justice. To the extent if any one affects by his conduct this sanctity and purity of the seat of justice he deserves condemnation. The law of contempt is a device to restore the balance in the scales of justice, when upset, by unauthorised interference with processes of law and punishment, wh..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....ed to prove conclusively the guilt of the condemned prisoner. 37. The onus of establishing the defence plea of insanity, as already stated above, is on the condemned prisoner and this onus is no higher than onus in a civil proceeding. In other words, if the condemned prisoner in this case is fo......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....bmits that this delay in disposal of the case is for no fault of the prosecution. This appellant along with other accused on several occasions took adjournments and got the proceeding stayed from the higher Court on various pleas and when they were instrumental in delaying the disposal of the case t......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....r Court should be moved first but it is not a hidebound rule. In the case of Zahoor Ahmed where the question has been exhaustively considered it has been held that in exceptional circumstances the higher Court can also be moved. 16. In our opinion, the matter does not relate to jurisd......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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. ...... অনূদিত, ষষ্ঠ মুদ্রণ জৈষ্ঠ, ১৩৮৭, আগষ্ট ১৯৮০) 241. For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous. Quran (The Glorious Qur’an—Translation and..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
.... enacted the Dowry Prohibition Act in 1961. When our law makers found with the progress of time, spread of education, increase in the number of middle class families in the society and their urge for higher standard of living brought in the curse of dowry in our society and its prevalence was spread......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....er the petitioner filed an application for review which was also rejected on consideration by the review authority. Thus, it seems that the petitioner had opportunity to represent his case before the higher authority about absence of show cause notice: Having taken this view on non- service of show ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......Rule. 5. The rule is contested by the respondent No. 2 by filing an affidavit‑in‑opposition denying be allegations made in paragraph No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Ele..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....appellant concluded a contract with IBCS‑Primax Software (Bangladesh) Ltd. By specifically mentioning in the agreement that the contract is subject to any decision that the arbitration court or any higher court may give in favour of Messers Lithi Enterprise and, in fact, that is the legal position......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....exercise of power is mala fide and has been made out of grudge as the petitioner earlier filed Writ Petition No.355 of 1980 challenging the illegal supersession by way of promoting his juniors to the higher rank. It is submitted that the MLO 9 was enacted on 6th April, 1982 in pursuance of the procl...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... got herself appointed guardian of the minors in pursuance of the agreement but with mala fide motive without obtaining necessary permission for sale attempting to sell the suit property to others at higher price; that in spite of repeated requests and demands lastly made on 31.10.84 defendants are ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2