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Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ...... and order of the Court of Settlement acting as if it was a Court of appeal which it was not and that the High Court Division failed to keep in view the elementary principles of certiorari and the decision of this Division in such matters was under consideration and thus allowed itself to be tot..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....s a whole" and thereupon misinterpreted the provision of section 3(2) of the Act, 2001 as to its applicability disregarding the golden rule of interpretation of a statute, namely, to intent the legislative to have meant what they have actually expressed." 2. Writ petitions were filed chal......equirement of a new legislation in the nature of Bangladesh Telecommunication Act, 2001 in spite of provision of section 4 of Telegraph Act and section 5 of Wireless Telegraphy Act has been felt in a decision in the case reported in AIR 1995 SC1236 (Supra) wherein it has been stated that the democra..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......late Court which is not a proper judgment of reversal in accordance with law. The learned Advocate further submits that the learned Judge of the High Court Division did not also consider the cited decision reported in 35 DLR (AD) 225 and 1994 BLD (AD) 219. 5. Chowdhury Md. Jahangir, the..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......1-3 to act "in accordance with law" and no direction was given to them for allotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 72

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......aphuly Ltd Bangladesh, HRC, Bangladesh Ltd. and Telecom Foundation of Pakistan. That on inspection of Post and Telecommunication Ministry file No. PT/Shakha 5/4-6/98(Part-3), it has been found that a decision was taken by the Ministry that these bids should be processed by a consultant before being ..

Category: Anti-Corruption Laws | Date: | Hits: 89

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ative Tribunal. 11. Section 6(3) of the Administrative Tribunal Act, 1982 provides that the Administrative Appellate Tribunal may on appeal confirm, set aside, vary or modify any order or decision of Administrative Tribunal. 12. This Court in the case of Government of Bangladesh..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......y upon consideration of the finding in the criminal case in that the revisional authority decided the case on 12-3-1988 prior to the judgment of the Special Tribunal passed on 22-5-1988 and the decision of the Tribunal is no bar to take an action independently for an offence under the Custom..

Category: Business or Commercial Law | Date: | Hits: 96

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ction 302 of the Penal Code and/or other relevant provisions of law, if any, after complying with necessary formalities. Order of the Court The appeal is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, N..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......perused the plaint of both the suits but we find that the plaintiff nowhere claimed that he acquired any title by adverse possession. It further appears that the High Court Division relied upon the decision of this Division as given in the case of Abdul Kader and others vs. AK Noor Mohammad repor..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......ee, and no notice having been given to the petitioner before enlisting of the properties in the Gazette, the inclusion of the case property in the list was without lawful authority and, in support, a decision of this Division in the case of Bangladesh vs. Amena Khatun and others reported in 53 DLR (..

Category: Property Law | Date: | Hits: 108

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......C and, as such, could not be permanently injuncted from using the premises for which the same was constructed. The learned Counsel further submitted that the High Court Division has misapplied the decision in the case of Magistrate, Lahore vs Sayed Fayezuddin and others reported in 17 DLR (SC) ..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......hereafter, on 23-2-1995, she instituted Adminis­trative Tribunal Case No. 34 of 1995 before the Administrative Tribunal, Dhaka which was rejected on 22-4-1995 as being not maintainable since no decision of the Secretary, Ministry of Women and Children Affairs was annexed. She preferred Admin..

Category: Administrative Law | Date: | Hits: 128

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....is Article which will give its meaning. The words in this Article are simple, clear and unambiguous, and on reading these words together a definite meaning emerges. For the purpose of finding out the legislative intention behind this provision no further effort need be made. In this Article the word......amity, were in existence in almost every village. The village headman was widely respected and he sometimes sat with other men of experience and wisdom and solved problems faced by the villagers. The decisions of the Panchayet, Sabha, Mojlish, though there was no legal sanction behind them, were acc..

Category: Constitutional Law | Date: | Hits: 655

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......go beyond expressing his intention to take the matter to the appellate Court, which he has the right and responsibility under the law to protect the interest of his clients, for the purpose of the decision as to whether it is open to the court to reopen the question of title and possession which..

Category: Criminal Law | Date: | Hits: 141

Controller of Examina­tions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......th parties will submit their report. A copy of the report will be sent to the Syndicate again seeking their opinion. This opinion is to be given by a resolution. The Chancellor will then take his own decision on consideration of the report of enquiry as well as the resolution of the Syndicate. Ultim..

Category: Constitutional Law | Date: | Hits: 169

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......th meeting held on 11.9.86 and 11.1.87 respectively. Mr. Ahmed then draws our attention to the proceedings of the 87th meeting which have already been quoted in full and submits that there is a clear decision after detailed discussion that the contract was for a lumpsum amount of Tk. 34 lakh for cut..

Category: Alternative Dispute Resolution | Date: | Hits: 202

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......fter the purchase of the said plot. He was a bonafide purchaser for value without notice of any illegality committed by his vendor. At a meeting of the Board of Trustees of RAJUK held on 29.9.88 a decision was taken not to mutate the said plot in the name of the appellant on the ground that muta..

Category: Property Law | Date: | Hits: 110

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death of Tara, a young man of 25 years a..

Category: Criminal Law | Date: | Hits: 93

Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)

....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......Civil Procedure. It will not be governed by the principle of survival of cause of any Costs action as in Order 22 rule 3 of the Code of Civil Procedure. Secondly, it was contended that in view of the decision of this Court in the case of Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1, ..

Category: Tenancy Law | Date: | Hits: 90

Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)

....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......dfather. The learned Subordinate Judge rejected this contention and upheld the claim of the respondent‑grand‑daughter. But on appeal, the learned Additional District Judge reversed this decision taking the view that the grand‑daughter did not inherit anything on the death of her..

Category: Others | Date: | Hits: 93