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

...., son of the deceased lodged first information report against the aforesaid two accused-persons. 3. The case was endorsed to the Sub- Inspector of Police, Abdul Mazid, who held the investigation partly and thereafter on his death, Sub- Inspector Kamal Uddin took up investigation of the case. Du......hirua Rabi Das, son of the deceased lodged first information report against the aforesaid two accused-persons. 3. The case was endorsed to the Sub- Inspector of Police, Abdul Mazid, who held the investigation partly and thereafter on his death, Sub- Inspector Kamal Uddin took up investigation o..

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

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

.... Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the wife of the informant. After departure of the accused persons hearing hue and cry the neighbours came and heard the occurrence. Vi......ased. 3. Next day at about 10.30 a.m. the in­formant lodged First Information Report at Kotalipara Police Station, naming ten accused persons including the appellants as accused. Police after investigation of the case submit­ted charge sheet against fourteen accused per­sons including th..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....r afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to seek review......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

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

....ued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement According to the terms of the Agree...... 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

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

.... the petitioners property under section 5(7) of die Emergency Requisition of Property Act, 1948 the whole purpose of requisition has been vitiated in that the compliance of which was mandatory on the part of the authority concerned. Before going into the details of that aspect it is relevant to ment......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)

....nion of India, AIR 1961 SC 954; Tribhuban Parkash Nayyar Vs. The Union of India, 1969 (3) SCC 99; Union of India V. Elphinstone spinning and Weaving Co. Ltd., AIR 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee......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)

....sp;                      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......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)

....sent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Banu resulting in profuse bleeding from her private parts and miscarriage. Then on 13‑8‑1998 he got his wife admitted into Terakhada Upazila Health ......gainst the appellant and absconding convict Ful Banu with the accusation of causing death of the deceased doing some act intending to cause her miscarriage. He himself investigated the case and after investigation submitted charge-sheet against the appellant and absconding convict Ful Banu. They wer..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....m him as well as from the other toll houses. During commission of the dacoit when some cashiers of the toll house tried to resist them, the dacoits sensing danger opened fire on the way of their departure and some locals namely, Liton, Kajal, Suruj and Nayan sustained severe bleeding injuries by...... 1, Khandokar Md. Kamal Hossain as informant on 19- 10-1991 at 23-15 hours with the Shibpur Police Station which was recorded as Shibpur Police Station Case No. 8 dated 19-10-1991. 3. During investigation on 3-11-1991, the accused appellant Sadeque @Sadequr Rahman was arrested by the Polic..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

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)

.... being governed by the same law. 2. In Writ Petition No.4470 of 1996 Rule was issued calling upon the respondents to show cause as to why they should not be directed to complete the process of departmental proceeding started against. the petitioner vide annexure-D by passing final order within ......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

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....ion 196B of the Customs Act, 1969 has become appealable since the year 2000 in which year the original provision of section 196D was amended through Act 15 of 2000 and the provision of appeal, by the parties, was substituted for the Provision of preferring reference to the High Court Division by the......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....e suit property and the submission that both the court of appeal and the High Court Division failed to notice that there was no case of adverse possession or any evidence to show any overt act on the part of the plaintiffs, such as would establish ad­verse possession nor is there any finding to the......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

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

....ed is sustainable. We have perused the plaint sought to be amended and the application filed seeking amendment of the plaint as well as the other materials on record. The amendment so sought in major part is formal one and the rest is elaboration of the facts already averred in the plaint. 3. Th......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment.  Accordingly the petition is dismissed. Ed. ..

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

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

....on; that all the purchasers mutated their names in the  case land and have been possessing the case land by paying rents and taxes to the Government; that the plaintiff came to learn in the last part of 1995 that the settlement in favour of their vendor Mofizuddin had been cancelled in Miscella...... 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)

....communication sector, limitations to the growing demands, low level of, investment and outdated and outmoded systems and technology, it decided to open up the telecommuni­cation sector for public participation. It introduced the guidelines for development of a national sound telecommunication in......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

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....ond Judicial confessional statement under section 164 of the Code which was recorded by Md. Ataharul Islam (P.W.11). Version comprised in the said Second Judicial confessional statement was quite a departure of the version encompassed in First judicial confessional statement dated 3‑12‑1992 and ......l made a volte-face of the First confession. In said Second Judicial confessional statement Md. Belal portrayed Mahbubuddin as the author of murderous assault upon deceased Nilufar. 9. Police on investigation submitted Police Report in form of charge-sheet on 22‑4‑1999 against Mahbubuddin a..

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

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

....xercised and the court should take a liberal view in considering the sufficient cause shown by the applicant. When the court is satisfied that a circumstance or a set of circumstances shown by a party, justified the act or omission of such party for not preferring appeal within prescribed perio......er the accident the driver of the minibus fled away. Hence this case. 3. After filing the first information report Mirpur police station case No.16 dated 4‑6‑1993 was started and the task of investigation was entrusted upon SI Arif Chowdhury who after getting the task of investigation visit..

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

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

.... prescribed by law for an appeal, and that the High Court Division may, in its discretion, entertain an application beyond that period in a suitable case where there is no negligence or laches on the part of the petitioner. This is a long standing practice, which is sound and reasonable and does not......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)

....s of contract. In spite of the service of summons upon the defendants of that suit, they did not enter appearance therein and eventually the said suit being ready for hearing otherwise was decreed ex parte on 30-6-1983. Thereafter Title Execution Case No.39 of 1983 was filed and Md. Atiqullah obtain......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)

..... Abdul Matin J. - This rule was issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candi­dates for the election to the Parliament (House of the nation) in the......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