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Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......n and should be deleted. In the case of Lakhi Naragam Kundu Vs. Crown reported in 4 DLR 352. It was held that on the language of section 499 read with Form XLII, Sessions Judge and Magistrate have no power whatever to impose any condition at all when they grant bail. 8. The object of bail is prim......………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Lat...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......1.08.1980 and restored the possession of the suit property to her. 5. It is further stated that the defendant No.1 Inge Flatz appointed Mohasin Darbar as constituted Attorney by executing a power of attorney on 25.06.1984 and conferred upon him the power inter alia, to manage and look afte......……………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the de...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without givi....... The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....ation Regulatory Commission" as under: "As pointed out in section 5.1, an important consideration for licensing conditions is, whether exclusivity should be considered for new entrants because of the financial benefits in the form of charging higher licensing fees. Another consideration may be prior......ty clause of the Licence Agreement. As a result, discussion took place but in spite of objections of the writ-petitioner, BTRC by memo dated 20-4-2004 (Annexure-A to the writ petition) in exercise of power under section 90 of the BT Act deleted "co-exclusivity clause" from the Licence Agreement perm....................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata K...... 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. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

.... can come directly to the High Court Division for protection of their fundamental right even though an alternative remedy is available and then he referred to 54 DLR (AD) 88 and submits that where financial interest of the State is involved transparency of the decision making authority is a reco......ilable and then he referred to 54 DLR (AD) 88 and submits that where financial interest of the State is involved transparency of the decision making authority is a recognised matter. The judicial power of review is exercised to rein in any unbridled executive functioning. On this point he has ......munications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Respondents Judgment August 15, 2005. Result: The Rule is discharged. Cases Referred to- 51 DLR (AD) 24; 54 DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of In......and the CPTU. (7) If the tenderer is not satisfied with the written decision of the Secretary of the concerned Ministry/Division it may wish to consider pursuing its complaint through the Review Panel under Regulation 53. We do not find in this writ petition that the tenderer that is the petit..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

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. ......gh Gram Sharker, is not a directly elected body but it is formed with the elected persons in order to assist the Union Parishad as its supporting organization but would not interfere or supercede the powers of the Union Parishad. It is further stated that the Gram Sarker is not an extension of the U......��…………Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry......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)

.... the project and in case of unnecessary delay in the execution of the project, there would be deprivation of the people from the irrigation facility and consequent thereupon, there would be huge financial loss and the aid giving agency would withdraw the money provided for execution of the proj......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. ......; Md. Ruhul Amin J: Leave was granted upon observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefl......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

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....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. ...... enquire into the same allegations against the petitioner. By quoting Rule 11(3) of the Government Servants (Discipline and Appeal) Rules, 1985 he submits that the aforesaid Rules does not confer any power upon the authority to hold simultaneously two departmental inquires on the self same allegatio......nd others..................................Respondents Judgment July 24, 2005. Result: The Petitions are discharged. It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should b......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. ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....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. ......ion. 52. The learned trial Court has not fully discussed the evidence of the witnesses and has failed to grasp moot point of the case and thus arrived at a wrong finding. 53. This Court has power to interfere in revision with an appellate judgment but that power should be sparingly used. I........Petitioner Vs. State.......................................................Opposite Party Judgment July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 199......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

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

....nts and educational environment of the University has been disturbed and the University would suffer a loss of Tk. 1,25,00,000/- every year for such illegal appointments causing unnecessary huge financial burden and expenditure of the University striking at its financial strength to exist, etc...... appointments at a time, that there was no advertisement or notification in any dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nep...... Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thought......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

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....with each other for long before their marriage and the defendant was student while the plaintiff was a service holder as a Nurse of Dhaka Medical College Hospital and she used to assist the defendant financially for prosecuting his studies and that the plaintiff in all paid about Taka 45.000 for the......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.......��……………………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DL......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...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......he petitioner as the Assistant Superintendent who joined the post on 23.12.2001 and since then, he had been working in the said post of the said Madrasha. The respondent No.3 is a stranger. He has no power of cancelling the appointment of the petitioner. He further submits that the respondent No.3 a......lation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the distri......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

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. ......ple is based on no evidence, is of substance and I accept the same. The law relating to acquisition of easement right has been thoroughly misunderstood and misapplied and this error has attracted the power for interference with the impugned judgment. 11. Mr. TH Khan also urged before me that th......tion and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State...... 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. ......t (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission fro...... The Rule is made absolute. Bangladesh Telecommunication Act (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to can......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. ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....tion under section 5 of the Limitation Act is that the petitioner was a poor driver who used to earn his livelihood by driving minibus and that he was illegally involved in this case, and thus he was financially handicapped. It is admitted that the case was started on 4‑6‑1993; that the charge-s......entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exercising the power under section 5 of the Limitation Act, feels satisfied upon the facts of the case under consid......p; June 14, 2005. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the ......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......hich could, be applicable was the residuary Article 181 which provides a limitation of 3(three) years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu." 11. Moreover, our Appellate Division in......;……………………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadir......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

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. ......d Advocates of the respective parties. 9. This writ of certiorari has been filed against the impugned judgment and order of the First Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is no......�Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Secretary......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. ..

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. ......n provides for the creation of the Election Commission 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.......Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Rashid A......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. ..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....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. ......of disintegration and state of confrontation is looming large on the horizon threatening the whole justice delivery system. 7. In the premises aforesaid this Court in exercise of its inherent power and under Article 108 of the Constitution, of its own motion and exparte orders as under:- ......007) 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

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....ody. He collected Intermediate pass certificate with relevant papers from his office. He cannot say who received the certificate from the accused. He further deposed that the accused did not have any financial benefit as Assistant Head Master and he cannot say how forgery was committed. 16. P.W......far Hossain Sarker who 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) 711. ......……Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-General- For the Respondent-State. Criminal Appeal No. 3458 of 2002. Judgment ......far Hossain Sarker who 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) 711. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

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