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World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....to contracts but the same is circumscribed by the overriding consideration of certain limitations including public policy. 35. The word 'public policy' is not easy to define but may include any injustice, oppression, restraint of liberty, commerce and natural or legal right, whatever tends to th...... the licence agreement and intimated the petitioner of the said decision on 2-11-2003 requesting the petitioner to nominate a representative to participate in the process of scrutinising the relevant documents for any amendment that may be made to any of the conditions of the Licence Agreement. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......o Enquiry
Committee of the Ministry of Communication found that the petitioners' offer is
non-responsive so the prayer made in this writ petition is not in any way
tenable. The petitioner's tender document was found to be Non-Responsible
because of the deviations as found by the Technical Evalua..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....the record that the compensation was assessed by the authority which was declined by the petitioners to accept (Annexure-B to the writ petition). In that view of the matter, we think that the ends of justice would be met if the authority is directed to dispose of the application filed on 16‑4......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
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. ......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)
.... Division, to examine whether upon the facts on record as briefly noticed above the orders of temporary injunction were not wholly unconscionable which require interference in the interest of equity, justice and good conscience". 2. The appeals have been filed against the more or less si......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
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 314 of the Penal Code was framed against them to which the appellant on dock pleaded innocence and claimed justice. Trial was held in absence of absconding accused Ful Banu. 4. The defence case, as it a......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....ce or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure. Otherwise it would cause miscarriage of justice as appellant's attention having not been drawn to his confession while examining him under......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
.... documentary. I find no error committed by the learned Joint District Judge in reversing and setting aside the judgment of the trial Court resulting in an error in the decision occasioning failure of justice and as such I find no merit in the Rule and the same is liable to be discharged. 13. In......osite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisions of secti..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....y. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any ot......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
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....C (hypothecation) loan at Taka 77,67,626.16. 5. On 5‑6‑03 he also sent legal notice to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, returning officer demanding justice against the acceptance of the nomination paper of Shafiuddin as valid. He unsuccessfully mov...... 14. In support of his case, the election petitioner examined two witnesses including him while the returned chairman examined him only. One was examined on behalf of opposite party No.6. Number of documents were adduced on behalf of the parties. Upon the evidence, oral and documentary on record, ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....secution has miserably failed to prove its case beyond all reasonable shadow of doubt and, as such, both the Courts be low committed an error of law and fact in their decisions occasioning failure of justice. 14. Mrs. Shamim Ara Dora, the learned Assistant Attorney-General for the State, submit......on witnesses are so interested and partisan that conviction cannot be imposed on the evidence of such highly interested witnesses. Moreover, this sort of oral evidence cannot cure deficiency of vital documentary evidence like Kabinnama. 43. In reply of the submission advanced by the learned Ass..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....es 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 nepotism and favouritism instead of following the rules and procedures. Trial Court havi...... said national institution. The plaintiff-petitioner also filed an application under Order 39, rule 1 read with Section 151 of the Code of Civil Procedure on the similar fact along with relevant documents filed by way of Firisti for an order of temporary injunction against defendant Nos.1-5 ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....5. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with ......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)
....lause 12 of the registered kabuliyat, the same could not be cancelled after 18 years on 22‑2‑1992 as per clause 13 but this vital aspect was not considered by the Courts below, causing failure of justice. He also submitted that the Courts below committed further illegality in not holding that th......e relied on the principle of res judicata since the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit. On perusal of the materials, evidence, both oral and documentary, I am of the view that this Rule has merit. 13. In the result, the Rule is made abs..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....l communications but neither the, Commission nor the Committee did accord the licence or allocate frequency. On 17‑11‑02, the JTV then sent a notice to the Commission and Committee demanding justice but received no favourable response. 9. Then, the JTV was constrained to make an applic......istry of such formation and the Ministry shall take all necessary steps for transferring to the Committee the overall functions and responsibilities of the Frequency and Wireless Board including documents relating to allocation of radio frequencies made prior to the commencement of the Act. Ann..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)
....her conviction and sentence recorded upon convict-appellant can be sustained, on evidences, materials brought on record, fact and circumstances of the case and, also, in safe dispensation of criminal justice. III. Whether convict-appellant can be adorned with a verdict of acquittal on a finding......তিষ্ঠার প্রয়োজনে আমার সপক্ষে সাফাই স্বাক্ষী দেবার ইচ্ছা পোষণ করিতেছি। Some documents had been field under firisti in aid of fundamental contentions comprised in the written st..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ined considering the facts and circumstances of the case. Because one stage of the criminal case would be usurped by this revisional Court whereby the convict appellant would be legally deprived from justice of appellate Court which will seriously cause miscarriage of justice. 18. Now the point......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)
....ong practice being followed since the days of High Court Division that a revisional application is to be filed within the period of 90 days. But there is no legal bar to entertain, in the interest of justice, such revisional application even after the period of 90 (ninety) days provided the applican......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)
....de any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with reference to the impugne......f the Settlement Case, the property in question was allotted to one Abdul Motaleb and Sheikh Alam. However, at a subsequent stage, the Government cancelled the allotments granted in their favour. The documents marked as Annexures-H series and annexure-L were placed before the Court of Settlement and..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....feel it necessary to adjourn the matter. 3. The case of the petitioners, in short, is that they are committed social workers and political activists for bringing social, economical and political justice to the people. It appears that the Petitioners filed this application out of their sense of ......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
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