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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&...... to be speaking from recollection along, undi­verted by any personal motive, or in the alter­native, they should be speaking before the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that t..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

....ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......he Adalat as he was absconding from the very inception of the case. 7. In the circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materi­als on record arrived at a correct deci­sion. We do not find an..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

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

....tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......Suit No.279 of 1999, dismissing the suit. 2. The appellant as plaintiff instituted the suit No.279 of 1999 against the defendants for specific performance of contract in re­spect of the suit property measuring 1 Bigha 13 Katha 14 chattacks and a pucca building standing thereon situated at ..

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)

....angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ....... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the d..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment ......that exhibits marked as Ka -Sa on behalf of the defendants amply show that the proceeding of her dismissal was not taken by the resolutions of the Governing Body of the College in it's meeting held properly and in accordance with Rules of the Board of Intermediate and Secondary Educa­tions Gove..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;......bmitted that the means of recognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had ..

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....                  Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Crimi­nal Appeal No.2059 of 2001 a......the Act and reducing his sentence to 1½ years from 2 years impris­onment.  2. Prosecution case, in brief, is that on the basis of enquiry that the petitioner accumu­lated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the know..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

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

.... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... law prevalent the said provisions are not attracted in the facts and circumstances of the case to delete the clause of 'co-exclusivity' duly incorporated by the parties in the Licence Agreement upon proper and protracted negotiations. 8. Mr. Rafique-ul-Huq, the learned Counsel appearing for the..

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)

....l Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ramna, Dhaka and others…………..............Re­spondents Judgment August 15, 2005. Result: ...... steerable Outboard Propulsion Unit Pow­ered by 200-220 BHP Marine Diesel Engine with Remote Control for Utility Type-II(Imp.) Ferries of RHD, under "ADP" allocation or any allocation given by the proper authority during the year 2004-2005. 2. The petitioner is a business concern and Local ..

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

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

.... is also Reported in: 15 BLT (HCD) (2007) 156. ......t there shall a Gram Sharker in each of the wards. Sub-section 3 envisages that the Gram Sharker shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and can sue and be sued in its own name. In short, it will be a..

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

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

.... 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 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984......er to the decision in the case of Raman Lal Rathi Vs. State AIR 1951 Cal. 305 wherein Harries observed: "But retrial cannot be ordered on the ground that the prosecution did not produce the proper evidence and did not know how to prove their case.” 45. This view was quoted with ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)

.... Supreme Court  Appellate Division  (Civil)  Present:  Md. Ruhul Amin J  MM Ruhul Amin J  Md. Tofazzul Islam J  Saeeda Yasmin and others..............................Petitioners Vs.   Capital Service Center Ltd and othe......cial order of a court should be speaking assigning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the decision is taken is proper, the order passed is sustainable. Lawyers Involved:  AM Mahbubuddin, Advocate (appea..

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

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

....l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......t relief for aforesaid rea­sons, non-consideration of the documents filed by him for granting the relief does not arise in view of the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi Univer­sity and there was no breach of such..

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

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

....………..……………….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 DLR 221, Sharmin Ho......assed by the Assistant Judge, 4th Court and Family Court, Dhaka in Family Suit No. 11 of 1987 should not be set aside or such other of further order or orders passed as to this Court may seem fit and proper. 2. These two rules arose out of judgment and decree passed by the learned District Judge,..

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

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

....ellip;………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………………Respondents Judgment Jun......nnexure-E and F) should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh. He passed his Dhakhil Examination in the ..

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

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....ase is also Reported in: 57 DLR (HCD) (2005) 598. ......up for cultivation was declared for settlement under Crash Programme of the then Government; that one Mofizuddin as a landless cultivator coming from India as refugee applied for settlement whereupon proper inquiry was held through Tahshildar and the said 0.55 acre of land was settled to said Mofizu..

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

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

.... in: 57 DLR (2005) 345. ......hout notice or hearing. A licence granted by the Commission under the Act could only be cancelled or suspended by it by following the procedure of section 46 of the Act after giving the licensee proper notice and hearing. A licence granted by the Commission under the Bangladesh Telecommuni..

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)

....te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul­ Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......ivorcee daughter of P.W.1 and Mahbubuddin turned down that proposal. Father‑in‑law (P.W.1), mother‑in‑law (P.W.2) put pressure upon Mahbubuddin to effect transfer of 14 and half acres of property in the name of Nilufar after Nilufar's death and Mahbubuddin did not submit to pressure..

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

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

....on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka. He further submits that the learned Metropolitan Sessions Judge disallowed the petition for condonation of delay of 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the m..

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

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

....ellip;……………………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; Nadira Rahman Vs. Syed A......h he relies. It is for the accused-petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of revision has been of such a character that it would be proper to condone the period of delay that has occurred, beyond the period of limitation. The Court ..

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