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State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....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....... 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..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... 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. ......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..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
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. ......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..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....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.
......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..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....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. ......‑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..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......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..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
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.......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..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......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..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)
....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. ......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..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)
....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. ......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..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. ......on for Bangladesh and Article 119 of the Constitution speaks of the function of the Election Commission and the Election Commission has the plenary power of superintendence, direction and control for holding free fair and transparent election. He further submits that when a power is giving..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....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.
......ion
of justice or operation of any Court of law in Bangladesh or to restrict or
limit access of all persons to the Court, their administrative officers and their
precincts and from bringing out or holding any procession Rally or human chain or
sit-in-strike in the Supreme Court premises or any C..
Category: Others | Date: 23 May, 2005 | Hits: 13
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... injuries from the attending doctor lodged the first information report. 3. On the basis of such allegations Kushtia PS case No.11 dated 4‑3‑1993 was started. The investigating officer after holding investigation submitted charge-sheet against the opposite party No.1 Akram Sheikh @ Akram an..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......sed the said decision and found that the same arose out of conviction and sentence by the Session Judge duly affirmed by the High Court Division and that the proceeding was quashed by this Court holding that the conviction was based on no evidence and accordingly allowed the appeal. The applica..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ot having challenged the said Rules as ultra vires the Constitution and the grievances raised in the writ petitions are regarding seniority in the service, the High Court Division erred in law in not holding that the writ petitions are not maintainable. The learned Counsels further submitted that th..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......t for our perusal. It appears that except memo dated 27‑3‑1986 issued by the Administrative Officer, Mohammadpur Housing Estate, Dhaka acknowledging payment of the lease money of the case holding other documents were filed along with application under section 7 of Ordinance 54 of 1985 by..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......f the
petitioners, briefly, be put thus:-
The father of the
petitioners Alhaj A.M. Sharfuddin (now deceased) was the owner of 0.34 acres of
land along with a two storied building at Municipal holding No.2, K.P. Ghosh
Street, Armanitola, Dhaka. Thereafter Alhaj Sharfuddin died on 5.8.81 leav..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ...... inquiry into the case and submit the report by 30-6-2004. It is further stated that the learned Additional District Magistrate, Sylhet filed an application praying for relieving him from the duty of holding the inquiry into the case, as he was preoccupied with adjudicating other matters. The Tribun..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....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. ...... was not required to furnish security "on a previous application made by him in this behalf, for the performance of the decree or compliance with the judgment" the High Court Division was in error in holding that as the petition was filed by the appellant seeking setting aside of the ex parte decree..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
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