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

....dini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. Defen­dant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said prop­erty and confirmation of possession therein. An alterna......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. ......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

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

....r Assistant Judge, Rajshahi Sadar in Other Class Suit No.87/2004 should not be set aside. 2. Facts giving rise to this Rule in short is that the petitioner as plaintiff instituted the suit for declaration that the appointments of 546 employees (3rd & 4th class) are illegal, collusive, i......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. ......amp; ors. Vs. Prof. Zillur Rahman & ors., 37 DLR 83; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 54 DLR (AD) 130; Md. Nurul Haque and others Vs. Man­ager, Bangladesh Bank, 39 DLR 310; Dr. Mohiuddin Farooque Vs. Bangla­desh, represented by the Secretary ..

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

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. ......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......p;…………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka ..

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

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

....rein except them but the ex parte order of cancellation of the settlement of their vendor Mofizuddin has created cloud over their title and hence they were compelled to institute the instant suit for declaration of their title. 3. The defendant Nos.1‑4 contested the suit by filing a joint wri...... 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. ...... 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)

....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. ......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. ......Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment June ..

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)

....one of the neighbouring people of crime building were witnesses in the case. Name of Nur Mohammad, driver of the car of Mahbub (convict-appellant) came into picture from mouth of P.W.1 himself in his declaration before trial Court that on 2‑12‑1992 at about 2‑00 PM (noon) Nur Mohammad came to ......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.   ......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.   ..

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. ......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. ......tted that the petitioner is a poor and unemployed man and for his livelihood he went abroad with the job; and the accused petitioner has served abroad for about 5 years and that thereafter he came to Bangladesh and immediately after his arrival in Bangladesh he had been living in his village and on ..

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.     ......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.     ......r Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234. Lawyers Invo..

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. ......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. ......the respondent No.2 to show cause as to why the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka enlisted as an abandoned property in the 'Ka' list published in the Bangladesh Gazette dated 23-9-1986, should not be declared to be without lawful authority and withou..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....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.     ......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.     ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. ..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......tice knowing full that a sitting judge can alone be removed and his capacity or conduct can be enquire into only under Article 96(4) (b) of the Constitution by the Supreme Judicial Council. 3. Bangladesh Bar Council being statutory body is obliged to act in aid of this Court and is bound to..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the plaint of the said Suit is an express declaration and admission that the said Mr. Islam being sole proprietor of Sanowara Corporation ente......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ranspired that Unilac Australia Pty. Ltd. entered into an Agency Agreement on 1.7.1986 with M/s. Sanowara Corporation, represented by its proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia (Annexure-'B'). Subsequently, Unilac Au..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

.... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ...... (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR(SC)153, Mofazzal  Hossain Mollah and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356.  Lawyers Involved:  Abdur Razzaque Khan, Additi..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......pellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J  Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan A..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ......orated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commercial and residential buildings and it is also engaged in the real estate business in Bangladesh. The petitioner ­company has finalized the infrastructure of a project for developing..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......hers ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Respondents..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....t apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental rig......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......iginal Jurisdiction)   Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others…………………….R..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down 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: 13 MLR (HCD) (2008) 186.  ...... Send down 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: 13 MLR (HCD) (2008) 186.  ......al Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Limited, Narayanganj Branch in capacity as manager and officer-in-charge of the investme..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ......ion (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Anowar Hossain (Md.) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgment A..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4