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Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......dha and others……………Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review i..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... 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. ...... objective of the BT Act is open competition in the market of telecommunication and the “exclusivity clause” contained in the Licence Agreement is inconsistent with the provisions of BT Act. In view of the provision of section 5 of the BT Act, the 'exclusivity clause' 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.
......d
by the petitioner was the lowest and the offer of the respondent No.7 the
second lowest Tenderer being Tk. 8,99,91,720.00 was higher than that of the
petitioner by Tk. 2,57,45,850.00 and in that view of the matter the petitioner
being the lowest Tenderer was entitled to get the Purchase Orde..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....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.
......ioned property and the requiring body already restored the possession of the requisitioned property to die Deputy Commissioner, Gazipur and the purpose of requisition does no longer exist and in that view of the matter the learned Counsel submits that the land under requisition should be released by..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....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. ......y General's contentions is that for the purpose of establishing a Local Government in a district, the district should also be designated as an administrative unit. Mr. Ishtiaq Ahmed differs-from this view and argues that as a 'district' has been specifically included in the definition of "administra..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....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. ......y would withdraw the money provided for execution of the project. The High Court Division without addressing itself to these material facts proceeded to consider the prayer for injunction on the view that in the Miscellaneous appeals which were filed previously by the plaintiffs of the respecti..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ......hat the deceased was unwilling to miscarriage and the appellant forcibly caused miscarriage suffers from infirmity and is unworthy of credit. 31. Having regard to the above finding we are of the view that the prosecution has been able to prove beyond reasonable doubt that the appellant with int..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....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. ......g the accused in Thana Hazat for 3 (three) days but he was not examined by the prosecution and without any explanation, as such, the right of the defence to cross examine him was denied and, in our view, such non examination of the investigation officer seriously prejudiced the defence. In this ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
....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.
......nspector/Customs Inspector in the same scale of pay and grade as he was holding at the time of declaring him surplus. Thereafter, the Selection Committee under the National Board of Revenue took interview of the petitioner and verified the original certificate, testimonials and other service records..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....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. ......point whether the customs Appeal preferred under the Section 196D of the Act requires admission as aforesaid or not. The learned Senior Advocates, as amicus 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 Appea..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
..... In such circumstances, invoking the definition of "defaulting borrower” as given in clause (cc) of section 5 of the Act for aid to find the returned chairman defaulter must be held to be erroneous. The object of the Act was to make provisions relating to banking companies mainly for reg......rove that the returned chairman and/or the Industries was a defaulter and that opposite party No.6, the returning officer, illegally declared the nomination of said returned chairman valid. Upon such view, he dismissed the election petition. 15. On appeal therefrom, the Election Appellate Tribu..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ......uld not be directed indulgently to an indolent prosecution to have another opportunity to try to bring better evidence against the convicted accused. 44. It is also a well settled and considered view that the retrial should not be ordered merely on the ground that the prosecution did not know 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. ......fs relied on Ext. 1 the receipt, Ext. 2 the bainapatra and lastly Ext. 3 the kabala from the present appellant, daughter of Rajeshwar Saha and Kumudini Saha in support of their title. 17. In our view by obtaining a kabala Ext. 3 dated 24.03.1975 from the present appellant in respect of the su..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....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. ......the other materials has quite correctly found that the proposed amendment would not change the nature and character of the suit and that on consideration of the materials on record we are also of the view no interference is called for with the order of the learned Joint District Judge allowing the p..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
.... the suit, but the appellate Court below has erred in law in finding that the trial Court has touched the merit of the suit in the interlocutory matter. He argued that the appellate Court below has erroneously found no prima facie and arguable case and the balance of convenience and inconvenien......f, the learned Counsel appearing for the defendants-opposite parties 1-5 controverted the submissions of the learned Counsel of the petitioner submitting that the suit itself is not maintainable in view of the provision of Sections 42 and 56K of the Specific Relief Act and the plaintiff-petitio..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....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.......rned District Judge, Dhaka. The appeal was transferred to the Court of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka under a Memo of Ministry of Law and Parliamentary Affairs but subsequently in view of an unreported decision of the High Court Division taking the view that Nari-o-Shishu Nirjata..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
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. ...... 5. Mr. Md. Nurul Islam, the learned Advocate for the petitioner, submits that the impugned order (Annexure-E) passed by the Deputy Commissioner, Panchagarh was issued without lawful authority in view of the provision of the Bangladesh Madrasha Education Board (Governing Bodies and Managing Comm..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... 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. ....... Mr. TH Khan, the learned Counsel for the plaintiff-petitioners, has raised another point. He contends that the learned Judge of the Appellate Court went out of the way in deciding the appeal on the view that local people had acquired easement right over the land in suit. This view, Mr. Khan very s..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. ......g and kept sitting upon the application. 10. Then, on 14‑1‑04 the JTV filed a contempt petition in the Appellate Division. The Commission moved a petition before the Appellate Division for review of their judgment and order dated 25‑10‑03. By another order dated 19‑1‑04, the Appella..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)
....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. ......undamental contentions comprised in the written giving evidence for his illness and P.W.1 was dead statement. List of material documents is given and his evidence might be taken into consideration in view of circumstances of the case. B. Circumstances coupled with statement of accused Belal. Ex..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
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