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

....(Special Original 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……………………………………………………………………â......sion (Special Original 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……………………………………………………………â€......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. ......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

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....n perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…………(7-11) Cases Referred to- Fazle Karim Vs. Bangladesh, 48 DLR (AD) 178; Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR......nbsp;   Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Pa...... Fazle Karim Vs. Bangladesh, 48 DLR (AD) 178; Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR (SC) 276; Chajju Ram Vs. Neki and others, (1922) Lloyd's Rep XLIX IA 144; Abdul Karim Vs. Arch Bishop and another, 36 DLR (AD) 38. Lawyers Involved: Fazlul Karim wi......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.   ..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

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

....ead the High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and othe...... 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. ...... 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)

....ed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ra......urisdiction) Present: Syed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communi......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. ..

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

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....on (Special Original Jurisdiction) Present: 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..............rt Division (Special Original Jurisdiction) Present: 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 & or...... authority was declined by the petitioners to accept……………(9) Cases Referred to- Government of  the People's Republic of Bangladesh and others Vs. Abdul Wahhab Mia and others, 4 BLC (AD) 1; Abdul Motaleb and others Vs. Fazle Karim and others, 1997......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)

..... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Service Trust (Blast)………………………………Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment Augu......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. ......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)

....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.     ......on) Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Raqib Sheikh (Md.)…………………………..Convict-Appellant Vs. State…………………………&helli...... mortem examination, P.W.5 was a nurse of Terakhada Upazila Health Complex and P.W.6 Dr. Golam Murtaza held autopsy of the dead body. The remaining four are local and private witnesses, of whom P.W.4 Abdul Mannan Fakir and P.W.7 Md. Shahidullah are the neighbours of the appellant, while P.W.9 Mohamm......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)

....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. ......High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Sadeque @ Sadequr Rahman………………………… Appellant Vs. State ………………………Respondent Judgment July 27, 2005. Result...... used against him…………………………….(26) Case Referred to- Ismail Munshi Vs. State, 33 DLR 5; Sukur Hossain Vs. State, 55 DLR 396; Munsurul Haq Vs. State, 1 BLC 421; Babul @ Abdul Majid Khan Vs. State, 42 DLR (AD) 186; Senu Mia Vs. State, 3 BLC 441; Angur Vs. State, 41 DLR ......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)

....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. ......ision (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar……………………&helli......ower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......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

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....isdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others......ivision (Special Original Jurisdiction) Present: Syed Md. Dastagir Husain J Md. Ashfaqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Divisi......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. ......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

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....………………….Opposite Parties Judgment July 13, 2005. Result: The Petition is dismissed. Cases Referred to- Warish Miah Vs. Bangladesh, 1989 BLD 212 = 41 DLR 51; Nur Mohammad Vs. Badruddoza Chowdhury and another, 1990 BLD (A......……………………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………&he......olation of the Ordinance or the Rules made thereunder in holding and conducting the election. 11. His specific case is that after submission of the nomination paper by the returned chairman, one Abdul Karim, voter No.307 of Ward No.VII, made a complaint that the returned candidate was a default......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

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....amp; ors. Vs. Prof. Zillur Rahman & ors., 37 DLR 83; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 54 DLR (AD) 130; Md. Nurul Haque and others Vs. Man­ager, Bangladesh Bank, 39 DLR 310; Dr. Mohiuddin Farooque Vs. Bangla­desh, represented by the Secretary ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others…â€......rt is af­firmed. 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 af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....p;…………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka ......ellip;…………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Minist......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment June ......gh Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment ......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. ......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. ..

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.   ......h Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment J................Respondent Judgment June 15, 2005. Result: The Appeal is allowed. Cases Referred to- Ali Sher Vs. State, PLD 1966 (WP) 368; Abu Taher Vs. State, 2005 BCR 173; Abdul Motaleb Howlader Vs. State, 6 BLC (AD) 1; Abdur Rashid Vs. State, 27 DLR (AD) 1; Aminullah Vs.......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.   ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......sent: Syed Muhammad Dastagir Husain J Mamnoon Rahman J Hamida Begum Wife of Akbar Ali………………………………………………………………………Petitioner Vs. Mosharef Hossein Sikder son of Late Ab­dul Mannan Sikder and others………………Stat......nths with a fine of Tk. 500/- in default to suffer rigorous impris­onment for 1 month. All the accused persons have been discharged from the offence under section 323 of the Penal Code and accused Abdul Kuddus has been acquitted in the case. The accused persons thereafter preferred a criminal ap......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....tted that the petitioner is a poor and unemployed man and for his livelihood he went abroad with the job; and the accused petitioner has served abroad for about 5 years and that thereafter he came to Bangladesh and immediately after his arrival in Bangladesh he had been living in his village and on ......20. ...... Cases Referred to- Masum Ali and others Vs. State, 37 DLR 261; Montu Miah Vs. Akhlakur Rahman, 28 DLR 74; Jamir Hossain and others Vs. Crown, PLD 1949 (Lahore) 179. Lawyers Involved: Abdul Matin Khasru with Habibur Rahman and Farhad Ahmed‑ For the Petitioner. MU Ahmed, Assist......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....r Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234. Lawyers Invo......igh Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Khaled Ahmed Chowdhury…………………Petitioner Vs. State…………………………&helli......dira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234. Lawyers Involved: Abdul Mannan Bhuiyan......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ..

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)

....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 abandoned property in the 'Ka' list published in the Bangladesh Gazette dated 23-9-1986, should not be declared to be without lawful authority and withou......urt High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Mahmuda Begum and others………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Ju......0-2005 and 9-1-2005. 4. The case of the petitioners, in short, is that the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pur­suant to th......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 20......o.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 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