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Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......egistered as Special Case No.16 of 2004. The Special Tribunal by order dated 9.3.2004 rejected the police report and took cognizance of an offence under Section 25B against the accused appellant upon holding that F.I.R. and the seizure list on record disclose sufficient ingredients of the offences c..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....d to adduce any evidence in this respect. 30. Next we see how far the petitioner has succeeded to prove that Fakuram Hazra had two brothers namely Dhaneswar and Laba Krisha Hazra. It is not disputed that petitioner, Nonigopal, opposite party No.3, Tatul Hazra, and opposite party No.4,......ted by P.W.2 Noni Gopal Hazra in favour of his sister P.W.1 Shishubala who are son and daughter of late Dhaneshwar nevertheless, the learned District Judge erred both in law and fact in not holding that the appellant has proved the proceedings both by oral and documentary evidence. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......mount and that being aggrieved there against the petitioner moved with writ petition No.4500 of 2001 in the High Court Division wherein the Rule was issued but ultimately the Rule was discharged holding the same to be premature and against which the petitioner unsuccessfully moved the Appe..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ion 69 of the Penal Code not being applicable in a special case and not amenable within the jurisdiction of a Special Judge appointed under section 3, the direction to release the respondent No.4 holding that he is liable to be released under section 69 of the Penal Code on such proportionate pa..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... appearing for the appellant (in Criminal Appeal No.3186 of 2005) submits that the Tribunal on consideration of the fact that victim Jannatun Nur Popy was minor upon calculation of her age from her undisputed date of birth on 20.5.1989 on the basis of school certificate and Registration Card of the ......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 ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....…………………(31)
Writ
jurisdiction and question of fact
Whether anyone has
violated any of the terms and conditions of the agreement or any provision of
law or not is also a disputed question of fact which cannot be decided in writ
jurisdiction…………….(30)
Ca......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..
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)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... 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..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)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......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..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....In the present case the land was recorded in the C.S. record as well as S.A. Khatian as “সর্বসাধারনের ব্যবহার্য”. As the public had rights in the disputed land, the settlement made in favour of the plaintiff was not legally done, and by the ......halots, drinking water tanks, embankments, wells, etc., (2) for plots available for settlement whether for cultivation or occupation or sairats; (3) for purchased, resumed or abandoned holdings and; (4) for diluviated khas land." 16. From the above rule, it appears that..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....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. ......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..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....f the above evidence and facts and circumstances appearing therefrom we find that the allegation of taking away the victim by the appellant to marry her and to have sexual intercourse with her is not disputed. According to the prosecution, the victim, aged 13 years, was kidnapped by the appellant to......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 ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ubstantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. 33. It is not disputed that Mrs. Inge Flatz acquired the suit property by virtue of the lease deed No.9110 dated ......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. ..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)
.... for the appellant in Civil Appeal No. 217 of 2000 and perused the judgment of the High Court Division and other connected papers. None appears for the respondents in both the appeals. 9. It is undisputed that the suit land was recorded in the C.S. Khatian Exts. 1 and 1(a) as debuttar property i......iod of limitation and as such the suit is also barred by limitation 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..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......s below I do not find that the Courts below have made any attempt to
scrutinise and consider the proceeding adopted by the defendants 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..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
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)
.... nomination papers. 20. Several authorities were cited and relied upon by the learned Advocate in support of their respective cases, which we shall shortly consider. 21. Facts which are not disputed are that the Industries obtained a Project loan as well as CC (pledge) and CC (hypothecatio......‑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
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....omplainant Musammat Nargis Sultana entered into a marital contract 5 (five) years ago and out of their wedlock they were blessed with a daughter namely, Moue, aged about 2 years. 16. It also not disputed that the complainant Musammat Nargis Sultana filed a complaint case being No.375(C) of 1992......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
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