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AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....Constitution apart from the power of review under the Code of Civil Procedure and rule 45 of the Appellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
..... Meanwhile, on 3‑4‑1997 the licence of the company was cancelled and it was blacklisted for gross violation of the contract for construction of Mouchak Bridge at Gazipur causing huge loss to the public exchequer. In view of such development, the instant contract was rescinded by a letter dated ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Inland Water Transport Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach ther...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
.... the respondent No. 1 and as the same is detrimental to the reputation and career of the respondent No. 1 and that as damage to the reputation and career of the respondent No. 1 has been caused by public functionary, the writ jurisdiction of the High Court Division has rightly been invoked seeki......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....; Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....‑petitioner had in establishing the character of the school. How is he affected? Whose cause was he espousing? He did not say in the writ petition that he was filing‑petition pro bono publico, and how being a paid official he can act in the interest of the public? The writ petition......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....ission of the learned Additional Attorney General that delay in the termination of criminal proceeding should not be the ground for quashing the same is of substance looking from the stand point of public policy but there may be case of exceptional nature where prosecution unnecessarily and withou......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....y. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the alternative, he illegally allowed the public prosecutor to lead such inadmissible evidence. 8. The general rule of the Evidence Act is ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....he authority under Article 144 of the Constitution and violative of Article 27, as well as being an arbitrary act to confer undue advantage to unjustifiably enrich a favoured party is contrary to the public interest, that no material was placed on record to show that 'institutional' plot/plo......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....sion upon hearing the parties made the Rule absolute. 4. Mr. Fida M Kamal, the learned Additional Attorney General, argued that the order of transfer has been passed in the public interest and, as such, the High Court Division erred in law in making the Rule absolute with......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....f the opposition succeeds the application for registration is rejected and on the other hand if the opposition is rejected then the application proceeds to registration. In the instant case after the publication of the mark in the Trade Mark Journal the petitioner herein filed an opposition which wa......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....inst order of acquittal and the said section reads as: "(1) Subject to the provisions of subsection (4), the Government may in any case direct the public prosecutor to present an appeal. (a) to the High Court Division f......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ion in clause 14A of the bid document. That writ petition has been filed both to save money of the exchequer and also in exercise of the duty enjoined by Article 21 of the Constitution to protect the public property. 6. The Rule was contested by writ‑respondent‑appellants filing three sep...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... the petitioners submit that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 is violative of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the Gov...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......d judgment put down by Bishesh Adalat in awarding conviction of offence of section 6(2) of the Ain of 1995 and imposing death penalty upon condemned-prisoner. 34. Crime is deliberate raid upon peace and order of society in general and its people in particular. The chief aim of the Ain of 1995..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....rned Counsel has also referred to the case of Khadomul Islam Chowdhury vs. Bangladesh and others reported in 33 DLR (AD) 111 wherein it has been observed "the question involved, no doubt, is of great public importance, but none of the Counsels appearing for the parties challenged the power of the Hi...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... with deadly weapons fell upon one another on 27‑1‑2003 at 11‑00 in the morning. Both the sides were injured and lodged cases against each other. There was an apprehension of imminent breach of peace and loss of lives. The Officer-in-Charge of the Boalia Police Station thus urged upon the Chie..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......e determined to oust the appellants from their legal possession over the case land and have been threatening the labourers of the first party appellant. Thereby there is every chance of the breach of peace with loss of life and property if the second party respondents try to oust the first party app..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....T. having exercised right and ownership granted lease in respect of 35 Bighas 2 Kathas and 2 Chattaks of property to Plaintiff Bangladesh Bank. Plaintiff Bangladesh Bank got lease from Government for public purpose and for economic development and, also, for building and constructing staff and offic......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35