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Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......ed, which is a malafide exercise of power by the respondents. The whole process of preparing the report was not transparent and since the changing of the evaluation report was malafide all subsequent actions, taken on the basis of the changed report, were also malafide.  12. Against the ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476....... was brought for making the same rule of the court then it would follow that the Court has not granted interest on the awarded amount till realization or in other words the Court has disproved the action of the Arbitrator or umpire as regards awarding of interest on the awarded amount till reali..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......substantiated by any evidence. It is therefore difficult to believe such a story in the absence of at least a receipt for the said part payment and/or evidence of those persons who witnessed the transaction. 21. The medical examination of the victim made on 11-12-1996, several days after the occu..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ......ade by some interested quarter that they along with some others were wrongly promoted to the post of SDO. The respondent No. 1 was directed vide memo dated 24‑12‑97 to take disciplinary action against the officers who were responsible for promoting the writ petitioners and others to t..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......al allegations made in the petition and stated that the petitioner went to the office of the respondent-company, some time in mid May, 2001 and forcibly took away the relevant file regarding the transactions between the petitioner and the respondent-company and a GD entry was made to that effect on ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ......alified, which is a malafide exercise of power by the respondents. The whole process of preparing report was not transparent and since the changing-of evaluation report was malafide all subsequent actions, taken on the basis of the changed report, are also malafide. However, the High Court Divis..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......public, the Law Minister and the Attorney-General, the report as reproduced also appears to be true. No offence, therefore, may be taken for re-production of the report. Their further case is that no action has been taken against the daily Jugantor for publishing it and so there cannot be any procee..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......d could not be asked whereabouts of the girl. At mid-night, the accused persons came and threatened the informant and others not to disclose the matter and said that the victim would be killed if any action was found to have been taken in the matter. The informant tried to recover the victim from th..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......aka 1200 per hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Finance Minister deleted the condition of charging Taka 1200 per hour. The petitioners claim that due to such an action the Government has been deprived of huge amount each year. The petitioners also claim that Mr..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ...... in 1915. The custom was that a daughter enjoyed limited interest in the property till marriage. According to the custom, the brother could not sue for possession before her marriage and the cause of action for possession would accrue only on such marriage, and since the suit was brought within twel..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......the Court however was that in taxation matters the Legislature could validly authorise the executive to work out the details such as fixing the rate at which the tax is to be levied and the executive action in that behalf would be immune from attack on the ground of excessive or impermissible delega..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......ng with portion of the said plot at 5/11, block-A, Lalmatia, Dhaka and respondent No.1 by endorsement on the said letter on the same day i.e. on 11-7-95, sent it to the respondent No. 2 for necessary actions which in effect was a direction by respondent No.1 to respondent No. 2 for mutation of the n..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ...... A. K. Badrul Huq J. — In all democratic countries whose Government is vested in and ultimately controlled by the people the Police are agent of law and they are answerable in law for their actions. Police are accountable for their performance to the People and as such have a proximate acc..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......od not exceeding 3(three) months, issuing proper notice to the petitioners and others concerned to show cause as to why they shall not be liable for the illegal fake registration and take appropriate action accordingly. The results of those petitioners, if any, who are found to be not liable for the..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......e Rules and direct owner to ply his vessels on any route as per time and fare tables approved temporarily in his favour in respect of particular vessels, if in the opinion of the Authority such action is warranted in the public interest (a) In case of emergency, natural cal..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......all the persons interested. Leave of the Court has to be obtained under this Rule at the time of institution of the suit. The plaintiffs of courses, can apply for such, leave and to take such further action as required under the rule even during the pendency of the suit. In this suit, no leave under..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......in holding the same to be malafide one.   5. It appears that the Corporation initially wanted to remove the respondent through a proceeding and that having failed, they wanted to take action for compulsory retirement under Regulation 55(2) of Service Regulations 1990 and that also ha..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......e words "fixed deposit" occurring in the order of the Senior Appellate Joint Com­missioner of Taxes and that, for that rea­son, in holding that the Senior Appellate Joint Commissioner Uphold the action of the Deputy Commissioner or Taxes of imposing tax on income from other sources on all item..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......s, then, subject to absence of prejudice, the accused may be convicted of the offence, which he is shown to have committed although he was not charged with it. In this reported case the appellant’s action amounts to an offence under section 5(1)(d) of the Prevention of Corruption Act. It is true t..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......ail custody but is safe enough to keep the girl there till the disposal of the trial. 20. Mr. Abdur Rashid, the learned Advocate, claims heavy damages against the petitioner for filing a mala fide action to protect the accused in Nari and Sishu case. In view of the fact that the case continued fo..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98