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State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ...... of the charges levelled against him and is directed to be released forthwith if not wanted in connection with any other case. 51. Let a copy of this judgment be communicated to (1) the Secretary, Ministry of Law Justice and Parliamentary Affairs; (2) the Secretary, Ministry of Home Affairs; (3) ..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....7 and the petitioners were asked to vacate the suit shop house and deliver its possession to the opposite-parties by 31-1-1997 and it is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and in this view of the matter, the notices under section 106 of......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...... to ensure accountability and transpa­rency of executive actions/inactions and cons­titutional validity of various enactments. 3. The respondent No.1 is Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs. The respon­dent No.2 is the 2nd Court of Additi..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......arker (Md.) Vs. State and others, 55 DLR 1; Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC (AD) 61;  Krishna Pada Dutta Vs. Secretary Ministry of Home Affairs, 42 DLR 297. Lawyers Involved: Md. Khurshid Alam Khan-For the inf..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....ter was revealed in the course of an enquiry in the matter of Wonder­land Toys Ltd. as connected facts. Secondly the enquiry proceeding being a fact finding process does not require service of any prior notice either under the settled principle of law or under the provisions of section 21 of th...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......ission, 50 DLR (HCD) 291 at page 294 para-11; Cohen Vs. Kittell, (1889) 22 QBD 680; Chairman, Bangladesh Steel Mills Vs. Md. Massood Reza, 30 DLR (SC) 169; Md. Shamsul Islam Khan Vs. The Secretary Ministry of Com­munication, Roads and Railways Division and others, 5 MLR (AD) 76; Shinepukur Hold..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ation Vs. Nasir Ahmed Chowdhury and others, 22 BLD (AD) 199; Bangladesh Tobacco Company Limited and another Vs. Md. Azizul Huq and another, 22 BLD (AD) 184; Secretary, Internal Resources Division, Ministry of Finance and Chairman, NBR, Dhaka Vs. Nasrin Banu & ors, 48 DLR (AD) 171; Bangladesh..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ow we like to meet the findings put forward by the learned Subordinate Judge in the impugned judgment. The learned trial court quoting section 18 of Foreign Exchange Regulation Act, 1947 held that prior to make sale contract, the party is required to obtain permission from Bangladesh government ......1 herself or her constituted Attorney would execute and register the sale deed as soon as possible but the constituted Attorney of the defendant No.1 failed to obtain the in­come tax and gain tax clearance certificate and also failed to obtain the permission for sale from the Rajdhani Unnayan K...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....low being last Court of facts, failed to find that the order of dismissal has been passed in violation of the mandatory provisions of the aforesaid regulations of the Board. He also argues that no prior approval of her dismissal was taken from the Board by the college authority nor the same has ......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

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

.... occurrence, he was staying in the southern hut of the homestead and his brother was staying in the eastern bhiti hut. He said that the accused Maku Rabi Das was unknown to him and he did not see him prior to the occurrence. He denied the suggestion of the defence side that his testimony about the o......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.......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...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

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. ......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. ......Cox's Bazar under the project, namely, "Secondary Town Infrastructure Development Project". This Bus Terminal is situated outside the area of Cox's Bazar Pourashava. In the interest of the public the Ministry of L.G.E.D under the impugned Memo dated 23.7.2002, Annexure C(i) directed the petitioner t..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....may be amended or modified only in accordance with the provisions of the Telegraph Act, provided however, that no modification or amendment to the provisions of this Agreement may be made without the prior consultation with the Operator. 21. Mr. Mahmudul Islam, the learned Counsel appearing for ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......) 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 and others......Respondents Judgment August 25, ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....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. ......qul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............

Category: Others | Date: 15 Aug, 2005 | Hits: 6

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ......sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ...... 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 Administration & ors....................................................

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

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. ......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. ......€¦â€¦Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co­operative 44 DLR (AD) (1992) 319; A.G.V.H.R...

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....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. ......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. ......aqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents Judgment July ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

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

....lainant filed a complaint case being No.375C of 1992 before the Court of learned Magistrate, Nawabgonj, under Dowry Prohibition Act and during the pendency of the case, the petitioner without getting prior permission from the complainant or Chairman of concerned Union Parishad married one Mussammat ......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.   ......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.   ..

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

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. ......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. ...... Chowdhury Mahmood Hasan & others, 54 DLR (AD) 130; Md. Nurul Haque and others Vs. Man­ager, Bangladesh Bank, 39 DLR 310; Dr. Mohiuddin Farooque Vs. Bangla­desh, represented by the Secretary Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1; Bangladesh Wat..

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.......iff then preferred Family Appeal No. 22 of 1993 before the learned District Judge, Dhaka. The appeal was transferred to the Court of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka under a Memo of Ministry of Law and Parliamentary Affairs but subsequently in view of an unreported decision of the ..

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

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. ......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......……………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………..

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

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

....e not applicable to such matters. He submitted that no one could establish and operate any radio broadcasting station and/or television broadcasting station and broadcast any programme without having prior licence from the Government. Provisions of the Telegraph Act, 1885 (XIII of 1885) and the Wire......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. ......he Jamuna Group of Com­panies. The petitioners, for the sake of brevity, shall be referred hereinafter as the JTV. 4. On 23‑11‑01 the JTV submitted a proposal to the respondent No.1, the Ministry of Informa­tion, the Government of Bangladesh for setting up and operating both terrest..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4