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Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....01.08.2005 by registered nikah nama and according to her date of birth victim Mahabuba Delwar attained the age of 14 years 7 months on the date of alleged marriage and evidently she was minor at that time. Learned advocate for the accused respondents Nos. 2-4 submits that the victim Mahbuba Delwar w......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

.... serving any notice upon the plaintiff, a date for hearing of the Miscellaneous Case was fixed for 29.10.1975. As soon as the plaintiff came to know of the date, he went to the office and applied for time and as a result, the date was fixed for hearing on 15.11.1975. Soon afterwards, defendant No.2 ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

...., the petitioner did not try to prove such contention. 6. The High Court Division further held that the petitioner is not an aggrieved person for not concluding the trial with­in the specified time to invoke jurisdic­tion of the High Court Division under Article 102 of the constitution to st......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

....rried the victim Rumana Akter on 9-6-2003 setting dower money of Taka one lac by a registered Nikahnama. After marriage, their conjugal life was maintained in the house of victim's father. After some time the accused demanded dowry of Taka one lac and a motorbike and this demand of dowry was refused...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... the trend of cross-examination of the prosecution witnesses and evidence given in defence is that of innocence and false implication. The definite case of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well as with t...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....o.1 and the defen­dant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the plaintiff is that it was stipulated in the ag...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....No.1, Dhaka is set aside. 9. In the result, the Rule is made absolute. 10. The learned Judge of the Artha Rin Adalat No.1, Dhaka is directed to allow the petitioner at least 2(two) weeks time to fur­nish security to the extent of 25% of the de­cretal dues in default the Miscellaneous......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

.... The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the image conti......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....cs in the said college, namely, Kanchipara College and was drawing her salary and Government allowances as per MPO approved by the Gov­ernment. She was married and became preg­nant for the first time in November, 1007 and used to suffer from sickness time and again due to the same. She became ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

....ade Marks reported in 2002 BLD 640. 4. In the 6 BLC case it has been stated in paragraph 7 as follows: "It is evident from the order sheet that on the application filed by the opponent time was granted by the Registrar for filing affidavit and adducing evidence. The appellant had not ...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

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

.... from their house and accordingly, rushed there and found his father Nainka Rabi Das restless and he was groaning with profuse bleeding injuries. The wife of the informant Shona Moni told him at that time that the accused Maku Rabi Das and Girish Rabi Das had caused injuries by inflicting Dao blows ......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

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....possession of pecuniary resources or property dis­proportionate to his known sources of income, it may, by order, require such person to furnish in the prescribed manner and within the prescribed time a statement of his property and liabilities and such information relat­ing thereto as may b......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

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

....ntering the hut took away articles. Salam with injuries when was laid down in the hut told that accused Jabbar, Rafiq, Tipu and Kibria gave him chhora blows. She further said that one night at the time of going to the latrine her daughter Parul was abducted by those four accused persons. Her son......d 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: 26 BLD (HCD) (2007) 29.  ..

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

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

.... violative of the petitioner's statutory legal right. In the circumstances the petitioner having no other efficacious alternative remedy has become to this court and obtained the present Rule. At the time of issuance of the Rule, pending hearing of the Rule, operation of the notice published in the ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

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

....rred in holding that under the said provision of Bangladesh Telecommunication Act 2001 read with National Telecommunication Policy the Government having the choice to decide upon co-operation for the time being in Dhaka Multi Exchange Area, the BTRC is not the authority to decide otherwise. 6. T...... 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

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....ew of the matter the petitioner being the lowest Tenderer was entitled to get the Pur­chase Order. The petitioner made a prayer on 9.1.2005 to the Chief Engineer, respondent No.3 for extension of time but his prayer was rejected. The petitioner thereafter made a prayer to the Ministry (responde......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. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....s now examine the legality of the present Act as appears firstly from the pre-amble of the Act as stated above which envisages that this Gram Sharker will be a supportive organization but at the same time it envisages that the said Gram Sharker will be a representative body (প্রতিনিধ......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)

....tion for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and an order of injunction was passed for 2 months and the trial Court was directed to dispose of the suits within that time. The present appellants got the said order of injunction stayed by moving this Division upon fi......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)

....t proved. Such defence case had not been suggested in cross­ examination to the P.Ws. At last stage of the trial a new story was advanced through the mouths of the D.Ws. Even the appellant at the time of examination under section 342 of the Code of Criminal Procedure did not disclose such defenc......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)

....l 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 deaths we......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