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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. ...... 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. ...... 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. ...... 2. The petitioner moved the High Court Division under Article 102 of the Constitution impugning the aforesaid Memos stating, inter alia, that the petitioner is a company incorpora­ted under the Companies Act, 1994. On 22-11-1998, the Ministry of Posts and Telecommuni­cations (hereinafter refe..

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. ...... (3) SCC 99; Union of India V. Elphinstone spinning and Weaving Co. Ltd., AIR 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee Co., (1920) Ltd. (1924) I KB 171; (1923) All ER Rep 150. Lawyers Involved: Dr.......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. ..

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

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. ......der of the High Court Division dated December 13, 1995 in First Appeal Nos. 347 and 348 of 1995. The appeals were filed against the order dated June 8, 1995 of the 2nd Court of Subordinate Judge (now Joint District Judge), Nilphamari in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits.......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. ......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. ..

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

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

.... that they have marred each other fixing a dower of Tk. 80,001/- and recovering a nose-ring (Nakful) of Tk.250/- and Kabinnama was registered on 26.1.1998 in the office of the Purnapol Union Marriage Registrar's office under Joypurhat police station and thereafter they had been leading their con......n No.4459 of 2002. Judgment Md. Abdul Aziz J.- The opposite party was directed to show cause as to why the judgment and decree dated 29.7.02 and 31.7.2002 respectively passed by the learned Joint District. Judge, 2nd Court, Joypurhat in Family Appeal No.6/2002 reversing the judgment and de......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

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.   ......rocedure against judgment and order dated 13‑3-05 passed by the learned District Judge, Narsingdi in Election Tribunal Appeal No.1 of 2004, which set aside those dated 18‑7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election f......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.   ......conception of the relevant law. 17. He submitted that the election appellate tribunal fell in serious error in applying the definition of 'defaulting borrower' as provided in the Banking Companies Act 1991 (Act XIV of 1991), in brief, the Act, in finding the returned Chairman defaulter ..

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. ...... (now Assistant Judge), Kalkini dismissed the suit on consid­eration of the evidence on record. The plain­tiffs took an appeal there from. The appeal was heard by the learned Subordinate Judge (now Joint District Judge), Madaripur. The appellate court found that the plaintiffs had been in possessi......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. ......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. ..

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. ......003 of the High Court Division in Civil Revision No. 235 of 2002 discharging the 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 o......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. ......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. ..

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

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....or the UGC approved the same. A new set of work charged appoint­ments were made on daily basis in Master Roll defying and without fulfilling the terms of the circular dated 4.11.1997 issued by the Registrar of the University inter alia and ille­gally in order to remove the existing sets of emp......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. ......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. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

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. ...... 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. ...... 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. ...... 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. ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

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

....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. ......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. ......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. ......ipment, and operate and broadcast through satellite system. 3. It is stated that the petitioner No.1 Jamuna Television Limited is a Private Limited Company, which was duly incorporated under the Companies Act, 1994 for purposes, inter alia, of operating private television channels in Bangladesh..

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.   ......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.   ......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.   ......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.   ..

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

Suo Moto Ex-parte Order 2005

....any such application the Attorney General for Bangladesh shall appear to make representations in support of this Order and the following Senior Advocates of the Supreme Court (Unless the advise the Registrar of the Supreme Court in writing of their inability for any reason) shall appear as Amicus......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. ......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. ......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. ..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

.... Batliwala, AIR 1958 (Bomby), 62; Nabisco Biscuit and Bread Factory Limited Vs. Nabisco Inc., 28 BLD (HCD) 2008 31; Ciba Ltd. Vs. M. Ramalingam, AIR 1958(Bombay) 56; New Light Chemical Industries Vs. Registrar of Trade Marks and Another, PLD 1963,Dacca 75 at para. 7, pg. 79; Hyde's Tm (1878) 7Ch......-Opposition on behalf of the Opposite Party No.1 sworn by Mr. Islam in that capacity, has filed Money Suit No.13 of 2002, renumbered as Money Suit No.20 of 2002 on 10.06.2002, before the 1st Court of Joint District Judge, Chittagong and subsequently transferred to the 2nd Court of Joint District Jud......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......Upon a review of the long-standing relationship between the Predecessors-in-interest of the Petitioner and the various entities constituting that which may be identified as the 'Sanowara Group of Companies', this Court is of the opinion that the story that emerges is one of a business relati..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ......anteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incorporated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commerci..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send 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: 13 MLR (HCD) (2008) 186.  ...... Send 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: 13 MLR (HCD) (2008) 186.  ...... Send 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: 13 MLR (HCD) (2008) 186.  ...... Send 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: 13 MLR (HCD) (2008) 186.  ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ......s contention, the learned Assistant Attorney-General relied on the decision reported in 6 BLC 113 (SM Kamal Vs. State). He also referred to another decision reported in 51 DLR (AD) 83 on the point of Joint Possession. 20. Be that as it may, we have carefully considered the submission of the lea......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ..

Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......f Additional District Judge, Bogra in Miscellaneous Appeal No. 74 of 1998 allowing the same in part upon reversing the judgment and order dated October 25, 1998 of the 1st Court of Subordinate Judge (Joint District Judge), Bogra in Arbitration Case No. 80 of 1997 dismissing the same. 2. The......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......aid two qualified tenders and it was also noted that final decision could be taken by bargaining with the FCO to supply the passport books at the rate given by Calcutta Security Limited and that the Joint Secretary of the Ministry of Home accepted the view of the note and the former Minister respon......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95