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World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... 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. ......provisions of BT Act, 2001 to identify inconsistencies, if any, and to submit a report therein with recommendation as to modification to 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 p..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....e preamble. He further submitted that this legislation was created for collateral purpose and since this was created for a collateral purpose this legislation is an instance of colourable exercise of legislative power on the part of the Parliament and consequently this law is ultra vires to the Cons......ise of legislative power on the part of the Parliament and consequently this law is ultra vires to the Constitution and unconstitutional. In support of his argument the learned Advocate relied on the decision in the case of Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Se..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ...... and not a public documents, the entry of his age made therein cannot be considered under section 35 of the Evidence Act as against the entry of his age in the voter list marked Ext. 3. He referred a decision in the case of Aysha Sultana Vs. Shahajahan Ali, reported in 38 DLR 140 in support of his s..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....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. ......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
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......dent No.5, does not, in our view, make him disqualified." 37. In Nur Mohammad Vs. Badruddoza Chowdhury and another, 1990 BLD (AD) 99 = 42 DLR (AD) 116, the Appellate Division, following the decisions in 40 DLR (AD) 10 and 41 DLR (AD) 68, held that failure to pay any instalment makes the bo..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
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. ......ng the defence case; that the prosecution 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 Attor..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....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. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 Judicial 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 de..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....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. ......on on appointment was withdrawn by the UGC on 22.12.2003 and restriction imposed by the Government was also withdrawn on 8.1.2004 by two separate circulars, that in a meeting held on 22.3.2004 a decision for appointment of 327 4th Class employees on the daily basis was approved following due p..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....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.......haka. The appeal was transferred to the Court of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka under a Memo of Ministry of Law and Parliamentary Affairs but subsequently in view of an unreported decision of the High Court Division taking the view that Nari-o-Shishu Nirjatan Daman Bishesh Adalat..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. ......t the petitioner was properly selected by the Managing Committee presided over by the Chairman of the said Committee who is also the Upazilla Nirbahi Officer, Atwari, Panchagarh and thereafter as per decision of the Managing Committee, the petitioner was appointed as the Assistant Superintendent but..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. ......tus 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 Acquisition and Tenancy Act. This error has vitiated the decision and plaintiffs-petitioners have been gravely prejudiced thereby and the case rightly deserv..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. ......ts order dated 25‑26 August, 2003 made the Rule absolute and directed the respondents to dispose of the application of the JTV dated 13‑2‑02 within 30 days of receipt of that order. Against the decision, the Ministry and the Commission made two petitions for Leave to Appeal being CP No.1253 of..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)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......unged from record and Trial Judge committed a substantial error in finding that evidence of P.W.1 might be taken into consideration in view of circumstances of case and by this error the merit of the decision of the case had been seriously affected. IV. Second Judicial Confessional statement of..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....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. ...... Metropolitan Magistrate as well as the judgment and order dated 9‑10‑2001 are liable to be set aside acquitting the accused petitioner. 14. The learned Advocate for the petitioner cited the decision in the case of Masum Ali and others Vs. State reported in 37 DLR 261, in the case of Montu ..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. ......limitation for filing a revisional application which can only be considered on a satisfactory and cogent explanation of delay caused in filing such an application. 10. I may profitably refer the decision in the case between Muhammad Swaleh and another Vs. Messrs United Grain & Fodder Agenci..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. ...... date of execution of the contract for sale, that is to say, on 27-12-1970 is protected by section 53A of the Transfer of Property Act. In this connection, Mr. Abdul Wadud Bhuiyan has referred to the decision in the case of Bangladesh represented by the Secretary, Ministry of Works and others Vs. Ka..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....rred to the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (AD) 111. While interpreting Article 172(2) of the Constitution our Appellate Division held as under:— 84. The grant of legislative power in the proviso to Article 117 (2) is Plenary in nature. Anyone denying a particula......cross on a little bit of paper no amount of rhetoric or voluminous discussion can possibly diminish; the overwhelming importance of the point". In the same judgment also quoted another decision of the same Court in the case reported in (1978) 1 SCC 405 which runs as under:— ..Category: Election Law | Date: 24 May, 2005 | Hits: 11