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Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....t as per IDA guideline the respondent BIWTA was obliged to provide a place adjustment formula for the extended bid validity period on its request for extension of bid validity, as a matter of natural justice the appellant legally held rationale for such compensatory adjustment, the demand for compen......s are made applicable to procurement of goods and work for the subjects as provided in the agreement This rights and obligations of the borrower and the providers of goods are governed by the bidding documents and by the contracts signed by the borrowers with the providers of goods and works and not..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question……………………(8 & 9) ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....heperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the principle of natural justice since he has been condemned or, in other words, his professional reputation has been stigm......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....ch cancellation of the appointment of said Advocate Mr. Md. Borhanuddin as likely to hamper the proper conducting of the Sessions Case and consequent thereupon as there is likelihood of failure of justice, he (SM Jillur Rahman) is competent to challenge the order of removal of Advocate Mr. Md. B...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... process. The circumstances of each case, in which the inherent power is invoked, must be examined with care to determine whether the judicial proceeding is really intended to 'secure the ends of justice' or is really 'an abuse of the process of the Court'. Each case of such kind must rest on it......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....plaintiff himself and by two other attesting witnesses, PWs 2 and 3 and when the learned Judges of the High Court Division did not disbelieve the attesting witnesses, and this has caused a failure of justice, that in view of previous successive remand orders of the suit no further opportunity ought ......ending back the suit to the trial Court since the High Court Division was very much competent to compare the signatures of the defendant appearing in the 'bainapatra' with the signatures in the other documents already oil record. 7. It is seen from the judgment of the High Court Division that th..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... proceeding of the meeting of the Pourashava dated 19‑4‑2003, bring the petitioner within the mischief of section 13(1) (d) above", that this error has resulted in miscarriage of justice and the petitioner has been gravely prejudiced thereby. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....e of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....ty to the agreement, his presence at the hearing of the suit is not at all necessary and the trial Court committed a serious error in allowing the prayer for addition which has resulted in failure of justice. 5. Secondly, he submitted that in the instant suit third party has got no cause of act......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... it is only in 1773 for the first time through Charters three Royal Courts of Justice were established in the three Presidency Towns of Calcutta, Madras and Bombay and those Courts used to adjudicate justice in accordance with the law then prevalent in England and this continued till 1872 until the ......ppropriate form of action was debt "on an obligation'. Such agreements were looked upon as grants of debts and the term 'obligation' or 'bond' was used to describe the sealed document which generated the duty to pay and the action was known as the action of debt sur contract..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....tice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involved: Mvi. Md. Wahidullah, Advocat......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ice. II. Whether imposition of death penalty upon condemned prisoner is proper punishment for her or a lesser punishment engrafted in section 302 the Penal Code can be imposed in the interest of justice. 66. There is no eye‑witness witnessing commission of crime by condemned prisoner Pro......nd 533 of the Code of Criminal Procedure. Sections 24 to 26 lay down when confessions are not relevant i.e. provable. Sections 27‑29 are limitations to their operations. A confession may be oral or documentary. Confessions may be divided into two classes, Judicial and extra‑judicial. A Judicial ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....per reporting and he gave precedence to those reporting over the evidence on record while finding the guilt of the condemned prisoner of the offence charged against him. Judges should administer justice on the basis of the materials on record and not on any other extraneous facts. The newspaper...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......ts and the decree obtained in the suit and Pre-emptor First Opposite party would have to given in. It is observed here that an Agreement for re-conveyance merely creating a right to obtain another document does not require registration as engrafted in section 17(2)(V) of the Registration Act, 19..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6