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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....d. We find no reason to depart from these principles of presumptions inferred by the superior Courts of the United States of America from the common course of natural events, human conduct and public business and view otherwise. We are, therefore, of the view that if a person makes a confessional st......esh, AIR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Conv......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
....5/2005 by Artha Rin Adalat No.1, Dhaka arising out of
Money Execution Case No.417/2003.
2. Briefly stated, the facts are that
the petitioner is a Private Limited Company engaged in the business of Real
Estates of which Mr.
Matiur Rahman is the Chairman and Managing
Director. The re......eading sections 32(1) and (2) of the Ain together,
it can be inferred that the legislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objection or any date fixed by the Adalat………………….(6)
When th......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.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....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.
......Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
December 6, 2005.
Result:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
res......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.
......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.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
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. ......bsolute. 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. Bodruduzza, Deputy Attorney-General with Farid Uddin Khan, Assistant Attorney-....... Facts giving rise to this Rule Nisi, briefly, be put thus:- 3. The petitioner, Cox's Bazar Pourashava was established in 1869 and since then it has been functioning and declared by law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus Termin......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. ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
....el Engine with Remote Control for Utility Type-II(Imp.) Ferries of RHD,
under "ADP" allocation or any allocation given by the proper
authority during the year 2004-2005.
2. The petitioner is a business concern and Local
Representative of British Polar Engines Ltd. and also a supplier and a......ses Referred to-
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......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.
......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.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....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. ......esented by the Secretary, Ministry of Local Government, Rural Development and Cooperative 44 DLR (AD) (1992) 319; A.G.V.H.R.H. Prince Ernest Augustus of Hanover, (1957) 1 All ER 49 (HL); Oliver Ashworth (Holdings) Ltd. Vs. Ballard (Kent) Ltd., (1999) 2 All ER 791; Burakar Coal Co. Ltd. Vs. Union o......Parishad. It is further stated that since all the members of the Gram Sharker are nominated, this body will have no accountability to the villagers, whom they sought to represent, that this is a body corporate created by an Act of Parliament, with definite functions but without any accountability. ......itution must conform to the provisions of Articles, 59, 60 or 152(1) of the Constitution, his Lordship held at para-31: "31………Now that these provisions of the Constitution are back all local bodies shall have to fulfill these constitutional requirements." In considering the contention of..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....5 of the Act for aid to find the returned chairman defaulter must be held to be erroneous. The object of the Act was to make provisions relating to banking companies mainly for regulating the banking business including various mechanisms for recovery of bank loans. Clause (g) of section 5 of the Act......Commissioner, 1992 BLD 164= 45 DLR 379; Nurul Absar Vs. AKM Mozzamel Haque and another, 1994, BLD 64; MM Ispahani Vs. Sonali 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 ......party No.3, did not contest while opposite party No.1, the returned chairman and No.6, the returning officer contested the case. 7. Case of opposite party No.1 was that the Industries was a body corporate under the law and obtained the loan as such. In case of any default by said Industries in ......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. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....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. ......bdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......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. ......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. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......and others…………………Respondents Judgment 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......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....adcasting station or licensing of such station; and (c) broadcasting apparatus or an apparatus for receiving any message or other information or a programme transmitted by way of broadcasting, or the business of such apparatus since the Act was made not applicable to such matters. He submitted that ......cence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act a......telecommunication equipment, and operate and broadcast through satellite system. 3. It is stated that the petitioner No.1 Jamuna Television Limited is a Private Limited Company, which was duly incorporated under the Companies Act, 1994 for purposes, inter alia, of operating private television c......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..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)
....bsolutely innocent and he was not at all involved in the murder of Nilufar. b. During course of occurrence Mahbubuddin was not present in crime house/flat and he was outside occurrence house for business purpose and in connection with business he visited Rampura, Gulshan, Dhaka Electric Supply ......s. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DLR (SC) 216; Muslimuddin and others Vs. State, 1987 BLD (AD) 1 = 38 DLR (AD) 311; Mani Mohan Ghose Vs. King Emperor, 35 CWN 623; Maharaja of Kolhapur Vs. S Sundaram Ayyar and others, 1925 Madras 497; Nurul Huq and......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. ......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. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
....solutions passed by or decisions of any bar association or the Bangladesh Bar
Council or otherwise howsoever or restraining, discouraging or persuading any
Advocate or litigant or anyone having any business in any of the Courts of
Bangladesh by any means whatsoever from attending or appearing bef......w, 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 the name of strike or otherwise and no lawyer has any
right to obstruct or......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.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....cessor-in-interest of Unilac Australia Pty Ltd. and Bonlac Foods Limited (hereinafter collectively referred to as the "Predecessors-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. i......hellip;Opposite Parties Judgment May 21, 2008. Result: The Rule is made absolute Cases Referred to- "Daiquiri Rum" Trade Mark case, 1969 R.P.C. Vol. 20, 600; Yorkshire Relish case, Powell's Trade Mark [1894] A.C.8; 11 R.P.C. 4; H.R. Desai Vs. B.M. Batliwa......ents and the Joint Venture Agreement dated 20.6.1989 between Unilac Australia Pty Limited and Sanowara Corporation setting up a joint venture company by the name of Unilac Sanowara (BD) Limited and incorporated on 26.6.1990 as the backdrop of the business relationship against which the registration ......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. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....mpany incorporated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commercial and residential buildings and it is also engaged in the real estate business in Bangladesh. The petitioner company has finalized the infrastructure of a project fo......ha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers Involved: ......ndamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incorporated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....the plaintiff-petitioners. It appears that the suit premises was taken on lease by the defendant-opposite party for using it as showroom and it was agreed by the parties that apart from that no other business will be conducted in the suit premises and this condition was inserted in Clause 4 of the L......dure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawyers Involved: ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ulars, thereby committed offence of criminal breach of trust and misconduct. It was further alleged that the accused collusively since 25.6.1987 to 27.7.1987 invested TK. 2,78,04,000/- in the nine business concerns without any colateral security, similarly in 1984 by violating the provisions lai...... Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For the respondent. Criminal Appeal No.67 of 1993. ...... Send 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: 13 MLR (HCD) (2008) 186. ...... Send 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: 13 MLR (HCD) (2008) 186. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....nt of the tenant, the defendant No.1 and another who was not tenant but was in occupation of the suit premises. The defendant No.2 was impleaded in the SCC suit since he was found to be carrying on business in the premises in suit. 3. The case of the plaintiff is that premises in suit previous......…………………………..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause sui......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....one Md. Saiful Islam, as informant, lodged a first information report with the Tangail Poli Station dated 25‑2‑2004 alleging, inter alia, that he along with his nephew Shibli Sadik had been doing business in partnership establishing Seba Clinic on eastern side of the old bus stand; that for the ......Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md. Shamsul Alam, Advocates‑ For the Petitioners. MU Ahmed, Assistant Attorney‑General‑ For the State. Criminal Revi......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....ened it when required. As a result, the monthly bills always remained within maximum limit of Taka 12,464.16. The petitioner paid all those bills regularly. The petitioner has been carrying on supply business abroad. Respondent No.7 sent a bill for January, 2000 for Taka 9,93,786 on 7‑2-2000.......disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. SM Rezaul Karim, Advocate- For the Petition......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....f Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three brothers, migrated to the then Pakistan/Late Bashir Ahmed Ansari, father Ali Akbor Ansari started business in Karachi and the other two brothers, Mokter Ahmed Ansari and Peshkar Ahmed Ansari started...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar A......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
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