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Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....the Act and reducing his sentence to 1½ years from 2 years imprisonment. 2. Prosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the know...... Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 a......on it is stated that the Bureau of Anti Corruption authority was satisfied as to the allegation made in the notice and as such the notice itself being not valid the order of conviction thereupon is illegal and the High Court Division committed error in not considering this aspect of the case. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....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. ......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde......nd over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus:- 3. The petitioner..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... law prevalent the said provisions are not attracted in the facts and circumstances of the case to delete the clause of 'co-exclusivity' duly incorporated by the parties in the Licence Agreement upon proper and protracted negotiations. 8. Mr. Rafique-ul-Huq, the learned Counsel appearing for the...... 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......istent clause of 'co-exclusivity' giving rise to the monopoly 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..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
.... steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Marine Diesel Engine with Remote Control for Utility Type-II(Imp.) Ferries of RHD,
under "ADP" allocation or any allocation given by the proper
authority during the year 2004-2005.
2. The petitioner is a business concern and Local
......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:
...... of RHD, under ADP allocation
or any allocation during the year 2004-2005 otherwise the petiÂtioner will
suffer irreparable loss and injury. Therefore the malicious, discriminatory, malafide and illegal decision of the
responÂdents with regard to International Tender No.2 of 2004-2005 dated
9...
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....ed earlier can be perfected, by performing subsequently by the authority regularising the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7)
Since the possession of the land had already b......
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......r Joydebpur Police Station 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 petition..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....t there shall a Gram Sharker in each of the wards. Sub-section 3 envisages that the Gram Sharker shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and can sue and be sued in its own name. In short, it will be a...... is also Reported in: 15 BLT (HCD) (2007) 156. ......tion 3 and 4(4) thereof, should not be declared void as being inconsistent with the Constitution and in particular Articles 7,9,11,27,28,59 and 60, as being enacted without lawful authority and of no legal effect. 2. In this petition constitutional and consequent legality of Gram Sharker Ain, 200..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....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......rted against. the petitioner vide annexure-D by passing final order within 2 months and as to why the said proceeding should not be declared to have been started without lawful authority and is of no legal effect and the subsequent Rule in Writ Petition No.4585 of 1997 was issued in the manner that ..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
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. ......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......‘7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. Opposite party No.1, Samir Bhuiyan as plaintiff on 21‑6‑03 made an elect..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....er to the decision in the case of Raman Lal Rathi Vs. State AIR 1951 Cal. 305 wherein Harries observed: "But retrial cannot be ordered on the ground that the prosecution did not produce the proper evidence and did not know how to prove their case.” 45. This view was quoted with ...... 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......n of section 101 of Evidence Act. 22. Section 101 of the Evidence Act runs thus: "Section 101—Whoever desires any Court while the defence examined none to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that the f..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....cial 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 decision is taken is proper, the order passed is sustainable. Lawyers Involved: AM Mahbubuddin, Advocate (appea...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others..............................Petitioners Vs.  Capital Service Center Ltd and othe......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. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t relief for aforesaid reaÂsons, non-consideration of the documents filed by him for granting the relief does not arise in view of the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi UniverÂsity and there was no breach of such......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 ...... the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the p..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....assed by the Assistant Judge, 4th Court and Family Court, Dhaka in Family Suit No. 11 of 1987 should not be set aside or such other of further order or orders passed as to this Court may seem fit and proper. 2. These two rules arose out of judgment and decree passed by the learned District Judge,......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho......tween the plaintiff and the defendant. This finding of fact with regard to marriage carried a valid presumption that a marriage in law under the Hindu system was solemnised upon observance of all the legal formalities including saptapadi and invocation before the sacred fire. I have myself perused t..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....nnexure-E and F) should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh. He passed his Dhakhil Examination in the ......ellip;………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………………Respondents Judgment Jun......to appoint a new Assistant Superintendent in the above vacant post of Doho Shuho Dakhil Madrasha (Annexure-E and F) should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....up for cultivation was declared for settlement under Crash Programme of the then Government; that one Mofizuddin as a landless cultivator coming from India as refugee applied for settlement whereupon proper inquiry was held through Tahshildar and the said 0.55 acre of land was settled to said Mofizu......ase is also Reported in: 57 DLR (HCD) (2005) 598. ...... The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....hout notice or hearing. A licence granted by the Commission under the Act could only be cancelled or suspended by it by following the procedure of section 46 of the Act after giving the licensee proper notice and hearing. A licence granted by the Commission under the Bangladesh Telecommuni...... in: 57 DLR (2005) 345. ......xure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transm..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)
....ivorcee daughter of P.W.1 and Mahbubuddin turned down that proposal. Father‑in‑law (P.W.1), mother‑in‑law (P.W.2) put pressure upon Mahbubuddin to effect transfer of 14 and half acres of property in the name of Nilufar after Nilufar's death and Mahbubuddin did not submit to pressure......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......he persons who stood liberated from the case. In Protest petition HR Khan, also, raised accusing fingers towards his own daughter Soheli Hoque alias Khuku. Protest petition (Narajee petition) faced a legal death. 11. Mahbubuddin along with Md. Belal faced trial before Metropolitan Additional Se..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka. He further submits that the learned Metropolitan Sessions Judge disallowed the petition for condonation of delay of 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the m......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......ubmits that the learned Metropolitan Sessions Judge disallowed the petition for condonation of delay of 1010 days without proper consideration of the facts and circumstances of the case and that he illegally rejected the memo of appeal by his judgment and order dated 9‑10‑2001 without applying h..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....h he relies. It is for the accused-petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of revision has been of such a character that it would be proper to condone the period of delay that has occurred, beyond the period of limitation. The Court ......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A......e Limitation Act for revision. There is a long practice being followed since the days of High Court Division that a revisional application is to be filed within the period of 90 days. But there is no legal bar to entertain, in the interest of justice, such revisional application even after the perio..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)
....e-C) passed by the responÂdent No.1 should not be declared to be withÂout lawful authority and of no legal effect. Further, Rule was issued upon 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 abando......so Reported in: 13 BLC (HCD) (2008) 247. ......s issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the responÂdent No.1 should not be declared to be withÂout lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show cause as to why the case pro..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....resentation Order 1972 that there is no provision covering the matters sought for in this case. Since law is silent on this matter there is no difficulty on the part of this Court to provide for proper guide line. This question was also discussed in the case referred to by Dr. Kamal Hossai......14) 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. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
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