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Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......hat the mortgage could be redeemed within 60 years of refusal and section 95A of the State Acquisition and Tenancy Act was not applicable in the present suit. He finally submitted that any registered documents of more than 30 years had the presumptive value, which was not considered by either of the..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... evidence on record it appears that on an application of Mohasin Darbar, RAJUK vide its letter dated 20.07.1989 marked exhibit-7 recognized MoÂhasin Darbar authorizing him to act and exeÂcute all relevant things contained in the power of attorney and thus Mohasin Darbar was acÂcepted as the pr......it property and subsequently wrote anÂother letter on 27.12.1986 and in pursuance of the aforesaid letters, Bangladesh Bank through its letter dated 17.02.1987 asked his lawyer to supply necessary papers in respect of the proposed sale. In pursuance of the letÂter, the plaintiff’s lawyer sup......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......ced before us that the lease deed, deed of sale, General Power of Attorney, the agreement for sale, the confirmation letter regarding the payment of the earnest money and other necessary papers and documents in support of his contention. 29. On perusal of the impugned judgment and decree, i..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....rred in law in not holding that the suit is barred by limitation and the last submission that the courts below after considering Ext. found that the suit properties were not Debuttar at the relevant time and the High Court Division acted wrongly in revision in reopening the evidences and c......al No. 216 of 2000 and Mr. Jainal Abedin, the learned Deputy Attorney General for the appellant in Civil Appeal No. 217 of 2000 and perused the judgment of the High Court Division and other connected papers. None appears for the respondents in both the appeals. 9. It is undisputed that the suit ......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and othÂers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
.... the Act. But from the said provision it is obvious that when necessary provisions are already in the Act, the provisions of the Code, would not normally be applicable.
8. Let us first look at the relevant provisions in respect of the execution of the decree passed by an Artho Rin Court.
9. Th......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......eported in: 27 BLD (HCD) (2007)61.
......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
.... committee to hold enquiry against her. The enquiry committee
submitted their report on 12.8.98 recommending her dismissal from service which
was approved by the Governing Body on 18.8.1998 and the relevant papers were
sent to the Education Board on 14.9.1998 and the order of dismissal was
publi......e to hold enquiry against her. The enquiry committee
submitted their report on 12.8.98 recommending her dismissal from service which
was approved by the Governing Body on 18.8.1998 and the relevant papers were
sent to the Education Board on 14.9.1998 and the order of dismissal was
published on 2......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......o illegality or irregularity was committed in
dismissing the plaintiff from her service.
5. Trial Court framed 4 issues for deciÂsion.
6. Plaintiff examined 2 witnesses and
produced some documents which were admitÂted into evidence and marked as
Exts.1-7 while defence examined three w..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....uggestion about the reason for the alleged false implication of the accused-person. 13. PW 2 Shona Moni is the wife of the informant PW 1 and she used to reside in the house of occurrence at the relevant time. According to her testimony, the accused Maku Rabi Das came to their house on the date......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....ful. According to him deceased was assaulted when he came out of the verandah through the southern door. So assaulting took place out side the verandah in front of the door. He did not say at the relevant time where his wife was standing with the burning hurricane. His wife (P.W.4) stated to t......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......D (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....nopoly and accordingly, amended the said agreement deleting the inconsistent condition for which the impugned judgment did not suffer from any illegality. 10. Certain facts detailed hereunder are relevant to resolve the issue involved in the case. 11. The respondent No.1 in its Ministry of P...... 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. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & TeleÂcommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... 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.
......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.
......l Hossain……………………….Petitioner
Vs.
The People's Republic of Bangladesh,
repÂresented by the Secretary, Ministry of Communications, Bangladesh
Secretariat, Ramna, Dhaka and others…………..............ReÂspondents
Judgment
August 15, 2005.
Result:
......it & Engine must be submitted
separately. But no catalogue has been submitÂted by the petitioner's company.
The seal and signature of the Principal was not present in some pages of the
tender documents submitÂted by the petitioner company. Tender reÂquirement
needs seal & signature in..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
.... in the District of then Dhaka at present Gazipur vide LA Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect.
2. The relevant fact for the purpose of disposal of the Rule is that the petitioners’ late father Md.......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.
......
Syed Md. Dastagir Husain J
Md. Ashfaqul Islam J
ASM Anayetullah & others.............................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors............................................................Res......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)
....in the ambit of Articles 59 and 60 does not arise. The learned Additional Attorney General maintained that this is an auxiliary body headed by the Gram Sharker Prodhan who is an elected member of the relevant Union Parishad, joined by an elected women member and together they will work along with th......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. ...... 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
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....r-in-law, but that fact he did not mention in his report, given to the police station. Haemorrhage might be caused due to receipt of any injury. He knew nothing about abortion of the deceased. At the relevant time he was not present. 12. P.W.3 Constable Faruque Hossain deposed that he escorted ......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. ......neral with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions......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)
....able Abdul Huq, escorted the dead body of 4(four) cadavers to the morgue for autopsy. 17. P.W. 17, Md. Halim Bhuiyan, who was the resident medical officer of Narayanganj Sadar hospital at the relevant time, held autopsy upon the cadavers of Nayan, Liton, Suruj and Kazal and opined that the ......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. ......5. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance undern......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)
....tting that the question of payment of dower money and maintenance arises upon marriage but when there is no such marriage the question of dower and maintenance does not arise. He contends that at the relevant time both the plaintiff and the defendant were minor and as such there was no valid marriag......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. ......lip;………Opposite 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 correctnes......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
....o being No.11(16) Customs Administration‑3/91/775 dated 3‑12‑96 containing charge-sheet as contained in Annexure-K should not be declared to have been made without lawful authority.
3. The relevant facts for the purpose of disposal of both the Rules are as follows: that the petitioner bei......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.
......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul......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)
....d on the point of maintainability then the question of admission of an appeal does not arise at all and such an appeal ought to be treated as admitted automatically after its registration in the relevant register of appeal. 8. Since a vital question as to practice of the court is involved ......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. ......……………………………………………………Appellant Vs. Customs, Excise and Vat & others…………………Respondents (Custom......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)
....chairman was a defaulter and was accordingly disqualified for the election on the date of scrutiny of the nomination papers on the ground that such assumption is based upon total misconception of the relevant law. 17. He submitted that the election appellate tribunal fell in serious error in ap...... the election petitioner, in short, is that on 11‑5‑03 the returning officer declared the election schedule for election of said Madabdi Pourashava fixing 17‑5‑03 for submission of nomination papers, 18‑5‑03 for scrutiny, 24‑5‑03 for withdrawal and 12‑6‑03 for polling. 4. Hi......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h...... 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)
.... 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the complainant Musammat Nargis Sultana and Md. ......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. ...... 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984......h away this advantageous position of the accused petitioner and to fill up the lacuna of the prosecution. The order of retrial can be passed only when the prosecution failed to produce some important documents or piece of evidence which were not available at the time of trial and which came to the h..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....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. ......ocate-on-Record for the appellant and Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the responÂdent Nos. 1 & 2 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property belonged to Rajeshwar Saha. The plaintiffs......te-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). ...... did not inherit anything from Rajeshwar Saha under the Dayabhaga School of Hindu Law. 20. It may be mentioned here that a case of title by adverse possession and a case of title on the basis of documents cannot be claimed simultaneously but in the instant case the plaintiffs tried to do so. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
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 afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being repÂresented by its Vice Chancellor and others……………………………………………………………Opposite Parties ...... 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 releÂvant documents filed by way of Firisti for an order of temporary injunction against defenÂdant Nos.1-5 ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
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