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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ion 69 of the Penal Code not being applicable in a special case and not amenable within the jurisÂdiction of a Special Judge appointed under section 3, the direction to release the responÂdent No.4 holding that he is liable to be released under section 69 of the Penal Code on such proportionate pa......a and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly co..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....ul Hasan had turned furious and threatened to lift her by any means and conspired with other accused persons. On 22.1.2005 at 8.00 hours the accused persons attacked the house of the informant and by holding the inmates hostage on the face of arms abducted the said girl and she was taken to unknown ..............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....robir Neogi, Advocates-For the
Respondent.
Writ Petition No.855 of 2001.
Judgment
Md. Muzammel Hossain J.-This Rule was
issued calling upon the respondent to show cause as to why the holding of
Enquiry purported to be an enquiry under Section 21 of the Securities and
Exchange Ordi......he Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their..
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)
.... as such the impugned decision is without lawful authority and is of no legal effect. He then submits that the Labour Court committed an error of law and facts apparent on the face of the record in holding that there is no scope to declare the service of the petitioners as permanent although they......d Attendant Registers but the Bangladesh Biman did not place Attendant Registers. The petitioners stated that they are all working against permanent posts in the Engineering Directorate maintenance over out Work Shop. Though all these petitioners have put in a period of service of 8 years of Bim..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....s of Parliament are the representatives of the people of their respective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unimpeded......de absolute. The Constitution of Bangladesh, 1972, Article 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....th of address-Taehung Packaging (BD) Limited, TeenSarak Joydebpur, District Gazipur.................Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to f......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....conviction and sentence. Hence the appeal. 7. Mr. Md. Abdul Alim Miah, the learned Advocate appearing for the appellant at the very out set argues that the Court below acted without jurisdiction holding trial of the case. The Court had no jurisdiction to take cognizance of the offence, against ......might commit rape upon the victim. Later on, brother's son of the complainant on 17-08-1977 went to the house of the accused at village Dhania within Demra, Police Station under District-Dhaka and recovered the victim, who narrated the occurrence to her parents and other relations, to the effect tha..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ocument in support of their contention. 17. The learned Joint District Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding, inter alia, that the agreement for sale dated 10.08.1985 was illegal and not enforceable. ......suit property. 4. It is further stated in the plaint that afÂter the liberation of Bangladesh, the suit propÂerty was wrongly treated as abandoned propÂerty and the same was vested in the governÂment and that the defendant No.1 applied to the government for releasing the suit property ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....iod of limitation and as such the suit is also barred by limÂitation and this finding having been based on proper appreciation  of evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the courts below af...... Court Division Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Propert..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....s below I do not find that the Courts beÂlow have made any attempt to
scrutinise and consider the proceeding adopted by the deÂfendants in dismissing
her nor there is any evidence on record about holding of meeting of the Governing
Body in accordance with relevant rules and regulations mentione......College & ors.
Vs. Md. Abdus Samad and others, 49 DLR 38; Sonali Bank and another Vs. Chandon
Kumar Nandi, 48 DLR (HCD) 330; Mt. Jahan Ara Begum Vs. A. L. Md. Shamsul Hoque,
27 DLR (AD)
129; Government Body of Kapilmuni College, repÂresented by the Principal,
Kapilmuni College Vs. Sheikh R..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
.... fully agree with the decision arrived at by the trial Court in respect of awarding capital sentence. 29. In view of our observations, findings and reasons stated above, we have no hesitation in holding that the prosecution has been able to bring home the charge under section 302 of the Penal C......st of the accused Maku Rabi Das, he also disclosed that the Dao, which was used for killing the deceased, was thrown away into a drain near the house of the informant and at his own showing police recovered the said weapon from that place. On the following morning, Dhirua Rabi Das, son of the deceas..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....the petitioner and respondent, the BTRC has no authority to delete the 'co-exclusivity' clause in clause 2.3 of the Licence Agreement dated 12-7-2001 and accordingly, the High Court Division erred in holding that under the said provision of Bangladesh Telecommunication Act 2001 read with National Te...... inter alia, that the petitioner is a company incorporaÂted under the Companies Act, 1994. On 22-11-1998, the Ministry of Posts and TelecommuniÂcations (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request for Proposals" (hereinafter referre..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....ted." On the said contention of the learned Attorney General, Mustafa Kamal J. (as his Lordship then was) also agreed with the learned Chief Justice, in this respect, as observed at para-69. In holding that the Upazila Parishad is not a local Government institution, Shahabuddin Ahmed C.J. held......angladesh & one another……………………………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 Developme..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....3 nominated the petitioner for absorption as surplus personnel in any office under the National Board of Revenue as Income Tax Inspector/Customs Inspector in the same scale of pay and grade as he was holding at the time of declaring him surplus. Thereafter, the Selection Committee under the National......medy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2)……..................(11)
Cases Referred to-
Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR (..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....‑03 for scrutiny, 24‑5‑03 for withdrawal and 12‑6‑03 for polling. 4. His further case is that said Shafiuddin was one of the directors of Messrs Bright Textile Industries (Pvt) Limited holding 33% of the shares, in short, the Industries. Shafiuddin, as a director of the Industries, ob......ained absent. The concerned bank was also contacted but no information reached them that the returned candidate was a defaulter. Then, he declared the nomination of said returned candidate valid. Moreover, the election petitioner never ever raised say objection to the acceptance of the nomination of..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....Court Division wrongly relied upon the receipt Ext. 1, the agreement Ext. 2 and the kabala Ext. 3 as documents of title in favour of the plaintiffs and accordingly fell in error in decreeing the suit holding that the plaintiffs have title in the suit property. The High Court Division therefore commi......cordingly came to the conclusion that the plaintiffs were entitled to get a declaration of their title. The appeal was accordingly alÂlowed arid the suit was decreed declaring the plaintiffs' title over the suit property and also confirming their possession therein. 5. Being aggrieved the defe..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....rt of the District Judge has not been defined in the Family Court Ordinance, 1985. I am therefore, in respectful agreement with the view expressed by a single Bench in the case reported in 53 DLR 152 holding "District Judge" means the "Judge of the Principal Civil Court" of the District. The "Distri......trial Court by which the suit was dismissed, Mr. Biswas then submits that the lower appellate Court committed an error of law in allowing additional evidence to be produced before the appellate Court overlooking that Family Court Ordinance does not provide for application of Civil Procedure Code exc..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....suit which is liable to be dismissed with cost. 4. During the trial the learned Assistant Judge of the trial Court dismissed the suit by judgment and decree dated 12‑6‑2000 and 2‑16‑2000 holding that the suit was not maintainable. 5. Against the said judgment and decree of the tria......2 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewla was khal category khas land and the same being silted up for cultivation was declared for settlement under Crash Programme of the then Government; that one Mofizuddin as a landless cultivator coming from India as refugee applied for set..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....pon deceased Nilufar. So-called Second Judicial confessional statement could not be and cannot be used at all against convict-appellant-petitioner. Learned Trial Judge committed a grave error in holding that statement of accused Md. Belal, Exhibit 3, if considered independently along with circu......tigation of Sabujbagh Police Station Case No.4(12)92. P.W.14 Munshi Atiqur Rahman. Police Personnel, also, carried on investigation of Sabujbagh Police Station Case No.4(12)92 and, thereafter, handed over case diary to Additional Superintendent of Police Mr. Kahar Akhand (P.W.16). P.W.15 Md. Shafiuz..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....ill not interfere therewith, on the ground of mere unsatisfactory disposal of a case. 22. On the contrary, Mr. Abdul Wadud Bhuiyan submits that the Court of Settlement exceeded its jurisdiction in holding that the writ of delivery of possession is not reliable and that the ownership of the case p......mality and symbolically. Article 9 read with Article 10 of PO No.16 of 1972 contemplate that any allotment, lease or agreement granted or entered into before the 25th March, 1971 is binding upon the GovernÂment in the same way as upon the original owner. In the instant case, the agreement for sale ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
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