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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
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
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......85), three tiers of local Governments were established, District Boards for the districts excluding the Municipal areas, Local Boards consisted of five to nine elected members with the provisions for appointment of other members by the Divisional Commissioner. The members elected a Chairman from amo..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
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....aid. 3. The defendant-petitioner contested the suit by filing written statements denying the material averments of the plaint stating, inter alia, in short, that the defendant was a minor at the time of alleged marriage having his date of birth as on 9.4.1981. His further case is that the quest......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. ..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)
....icus curia, in one voice said that in view of the Provision of Section 196F and 196G of the Act the admission hearing of the Customs Appeal under Section 196D is a superfluous exercise and wastage of time creating extra burden on the shoulder of the learned Advocates to appear before the Bench ......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)
....person shall be disqualified for election as, or for being a chairman or commissioner, if: (g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore". (emphasis supplied by us). 28. The Ordinance was prom......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. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.... 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 hand of the party after trial, in the absence of which the party......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. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....rement nor demand nor proposal from the departmental heads nor there was any proposal from of the Planning Committee of the University for such unprecedented huge number of appointments at a time, that there was no advertisement or notification in any dailies for such appointments and the ......shahi 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, inter alia and against ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....d ex pane decree set aside by filing an application under Order IX, rule 13 of the Code of Civil Procedure. After the restoration of the suit the defendant did not appear to contest the suit and this time the trial Court dismissed the suit on the sole ground that the plaintiff could not produce any ......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...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237