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

....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. ....... The trial Court further held that the plaintiff did not give her Dhaka address to the college authority for contact and she remained on long unauthorised leave and that there is no mention in the prayer of the plaint as to whether the prayer was made under Section 39 or 42 of the Specific Relie..

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. ......t land. 3. The plaintiff contested the said application by filing Written Objection. 4. The learned Additional District Judge, 3rd Court, Dhaka heard the said application and allowed the prayer by the impugned order dated 22.7.2003. 5. Being aggrieved by the said Judgment and orde..

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. ...... the Tribunal that the opponent having failed to adduce evidence and to take action within the time has abandoned the opposition. After the order dated 14-8-1993 passed by the Registrar rejecting the prayer for extension of time the Registrar should have fixed a date for hearing of the case giving t..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

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

....e guilt of the accused-person beyond any reasonable doubt. 26. Normal punishment for the offence of committing murder is capital sentence, but if there is any extenuating circumstance, then only alternative lesser punishment may be awarded. Punishment under section 302 of the Penal Code is to b......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

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.  ......admitted that the informant was his distantly related uncle. 17. P.W.10 Delwar Hossain and P.W.11 Badsha Miah deposed that on 23.1.1996 at noon the daroga seized blood stained earth, a lungi, a prayer mat, a jug, a hurricane and a quilt cover in their presence under a seizure list and obtaine..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

.... Terminal of Cox's Bazar Pourashava by the Zila Parishad is motivated, illegal and violative of the petitioner's statutory legal right. In the circumstances the petitioner having no other efficacious alternative remedy has become to this court and obtained the present Rule. At the time of issuance o......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

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.   ......ent 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 rule 1 of Order XLVII of the Code. Witho..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

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

....commended for overlooking the said alleged deviations and to save Tk. 2,50,00,000.00 of the Government Exchequer by giving the Purchase Order to the petitioner treating it as Responsive and in the alternative he recommended for Re-tender/ Fresh Tender. The Chief Engineer sent the Tender Docu­me......was higher than that of the petitioner by Tk. 2,57,45,850.00 and in that view of the matter the petitioner being the lowest Tenderer was entitled to get the Pur­chase Order. The petitioner made a prayer on 9.1.2005 to the Chief Engineer, respondent No.3 for extension of time but his prayer was ..

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

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. ......e Dinajpur Branch Canal over the land of the plaintiffs was malafide and that the said malafide act has caused irreparable loss to the plaintiffs.  4. The learned Subordinate Judge rejected the prayer for temporary injunction. Thereupon, the plaintiffs of the respective suits filed Miscellaneo..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ......ation through which the objective may be achieved. Therefore we find no nexus in between the question of admis­sion of appeal and/or filing of an application regarding condonation of delay and/or prayer for stay. 12. On the discussion and reasoning above we find that legislature under the P..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....y her. Defen­dant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said prop­erty and confirmation of possession therein. An alternative prayer was also made for spe­cific performance of a contract for sale in re­spect ther......­dant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said prop­erty and confirmation of possession therein. An alternative prayer was also made for spe­cific performance of a contract for sale in re­spect thereof. 3. ..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)

....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment.  Accordingly the petition is dismissed. Ed. ......he Rule which was obtained impugning the order dated 8‑11‑2001 (Order No. 43 dated 8‑11‑2001) of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 225 of 1998 allowing the prayer for amendment of the plaint. The High Court Division discharged the Rule on the finding since..

Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98

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. ......hat I find the suit prima facie maintainable and the petitioner is entitled to get the relief in law and no procedural technicality should stand in it's way to get justice for the substance of the prayer has to be looked into rather than technicality. Incidentally it may be mentioned that it has..

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.......missions of the learned Advocate for the petitioner in Civil Revision No. 4785 of 2000. 10. Mr. Gobinda Chanda Tagore, in support of Civil Revision No. 1058 of 2001 has invited my attention to the prayer made in the plaint where the plaintiff prayed for monthly maintenance at the rate of Taka 200..

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

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

....e for broadcasting of its programmes. Moreover, in Annexures-A and B the Ministry did never make or intend to make any distinction between the NOC and licence rather used the words simultaneously and alternatively. 61. The NOC only required of an approval of the Ministry of Posts and Telecommun....... 69. In the letter dated 24‑3‑04, Annexure-A (1), the Commission wrote to the JTV that the demand note was issued on the basis of fixed rates and there was no scope for consideration of the prayer of the JTV Fine. The matter could have ended there. But how the Commission could write the le..

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)

....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.   ...... visit the house of convict-appellant. It, also, came out from the version of P.W.2 that incident took place on Wednesday and on the following Friday convict-appellant visited their house and offered prayer with her husband (P.W.1). It again emerged from the evidence of P.W.2 that from conduct of co..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......th more by his judgment and order dated 26‑11‑1998 in the absence of the accused petitioner. 8. Thereafter, the accused petitioner preferred Criminal Appeal being No.312 of 2001 along with a prayer for condonation of delay of 1010 days under section 5 of the Limitation Act. 9. The lear..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ...... Court in condoning such inordinate delay of 1710 days in making revisional application in this Court. The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonation of delay. The extension of time is thus a matter of concession of indulgence ..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......etitioner Md. Atiqullah (since deceased) with reference to the case property and the notice of the said Miscellaneous Case was duly served upon him at that address. On 17-12-1987 Md. Atiqullah made a prayer to the respondent No 2 for not allotting the case pro­perty in favour of anybody stating, in..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ......to know is inclusive of their right to vote. We are also of the view that people have a right to know and such right is included in the franchise. 11. In such view of the matter we find that the prayer made in this writ petition is legitimate one and this Court can allow it and direction sought..

Category: Election Law | Date: 24 May, 2005 | Hits: 11