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M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....rice of the suit property was fixed at Pound Starling 60,000/- which is equivalent to Taka 42,00,000/= at the present rate of exchange and the plaintiff paid 20,000.00 Pound Starling out of the total consideration as earnest money to the defendant No.1 and the defendant No.1 acknowledged t......d by anybody but the court below disbelieved the contract without assigning any cogent reasons, that the learned court has seriously failed to understand the proper aspect of things, that in the absence of any evidence the learned trial court on surmise and conjecture opined that the agreement...... 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
....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.
......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.
......third party/claimant and have the objection heard if the application is not
outright rejected by the Adalat on preliminary consideration, and considering
that provision the Artharin Adalat had no jurisdiction to reject the
application under Order 21 Rule 58 outright on the date when the matter ..
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)
....o 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 continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being broug......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: ......d decree of the trial court and appellate court and decreed the suit. 7. Leave was granted to consider the submission that the learned Single Judge of the High Court Division while exercising jurisdiction under section 115 of the Code of Civil Procedure exceeded his jurisdiction in setting a..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....লার চূড়ান্ত নিষ্পত্তি হইবে৷”
(The underlinings are mine).
18. From a plain reading of the above provision it would be clear that only with the total vesting upon the decree-holder, the execution case would be disposed of, otherwise not.
19.......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......its such prayer for assistance to get such physical possession of the concerned properties.
6. Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the necessary orders should be passed..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....eliefs sought for her protection from any mischief during pendency of the
proceeding in the form of preventive order, i.e., injunction against the
defendants. It seems to me that Mr. Siddique has totally misread, mixed up and
misconceived the prayers made in sub-paragraph 'Ka' and have been mis......was again served with show cause notice on 29.9.1997 for her absence from
the College and she gave reply to the same. Thereafter another show cause notice
was issued to her on 18.2.1998 for her absence and negligence to duty and the
same was sent to her by post on her refusal to receive the......oner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipara College is illegal,
void, collusive, without jurisdiction and of no legal effect and is liable to
be cancelled and set aside and for declaration..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... 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. ...... 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. ...... 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)
....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.......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.......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
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....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. ......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. ......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)
....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. ......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)
.... Blocks for the year 1988‑89 for repair work of Brahmaputra Embankment, etc. After completion of the work, he submitted a final bill for Taka 12, 30,423 out of which he received as part payments in total Taka 4, 98,691 on different dates from 30‑6‑89 to 11‑3‑90. He was accordingly, entitle......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. ......, there is no scope for consideration of the prayer for amendment of the plaint. There should not be any confusion in that what could be done in an appeal cannot be done in a review in that appellate jurisdiction is not same as that of review. Jurisdiction of review does not allow a Court to re‑he..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. ......d on adopting a protective procedure and entered into a licence agreement on 12th July, 2001 between the petitioner and the Ministry of Post and Telegraph under section 4 of the Telegraphy Act in the absence of BTRC on that date having no other competent authority in this regard under the Bangladesh...... 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
....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.
......olding reasons is that if the facts point overwhelmingly
to one conclusion, the decision-maker cannot complain if he is held to have had
no rational reason for deciding differently, and that in the absence of reasons
he is in danger of being held to have acted arbitrarily". This principle
as he ......le Review under Regulation 53 and it is the way how
that has to be decided and without availing those opportunity as per the Public
Procurement Regulations, 2003 the petitioner cannot invoke Writ jurisdiction.
7. We have gone through the petition
and the Annexures and the impugned tender a..
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.
......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.
......f the Act or to finally acquire the same by publishing in the Bangladesh Gazette a notification under section 5(7) of the said Act. That is all the learned judges could have done in exercise of their jurisdiction but then the learned judges of the High Court Division wrongly exceeded their jurisdict..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....ion Parishad which is a recognized and established local Government body for nearly a hundred years. He further submitted that by keeping the provision for nominating as many as 13 members out of the total 15, the representative character of this body has been totally destroyed in violation of the i......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
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. ...... the prayer of the plaintiffs for an order of injunction was meritless in the background of national interest, loss to the people of the area outweighed loss, if any, to the plaintiffs and because of absence of prima facie title to the land in suit. 11. It may be mentioned where national inte......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)
....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. ......nal Sessions Judge, Khulna, wherein charge under sections 304 and 314 of the Penal Code was framed against them to which the appellant on dock pleaded innocence and claimed justice. Trial was held in absence of absconding accused Ful Banu. 4. The defence case, as it appears from the trend of cr......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)
....tation, District-Narsingdi. At about 7-00 PM 15/20 dacoits being armed with cut rifles, dao, dagger, cocktail, etc. forcibly entered into the cattle market and looted away the collected toll money total worth Taka 1,70,000 from him as well as from the other toll houses. During commission of the ......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. ......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. ......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. ......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
....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.
......he service of the Republic should be adjudicated by the Administrative Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as..
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. ......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. ......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
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