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Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......the law is always above them. 5. The privileges to the functionaries of the State are allowed not because they occupy such an exalted and high position in the State but only to enable them to perform their functions even better in the overall interest of the people of Bangladesh. 6. The me......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......gh, in defending the rights of their electorates in the House of the Nation, otherwise, they will be failing in their onerous duties and functions. 4. The law is not the respecter of the people. Law does not discriminate between an ordinary citizen and the functionaries of the State however hig..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......hy a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajshahi Unive......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......rt of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 M.P. 193. Lawyers Involved: Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates-F..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more.......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......sh, AIR 1956 S.C. 411; Radha Kishan Vs. State of Uttar Pradesh, AIR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Ap..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......n an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated suit by which a petition bestowed by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......…………Defendant-Opposite-Parties Judgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zahidur Rahman - For Petitioner No.2. No one appears - For Opposite Par..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......man Ain, 2000 (amendment of 2003), discharging the accused respondent No.2-4 Md. Shafiruddin Master, Mrs. Halena Begum and Shabiha Begum from the charge. 2. Prosecution case, in short, is that information's daughter Mahbuba Delowar @ Shuvra Moni aged about 15 years, passed S.S.C examination in ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......sain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Haroon-Ar-Rashid, Advocate - For the Appellant. Md. Afsar Hossain, D..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......ove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15) When enquiry Magistrate did not find the existence of prima-facie materials for offence relating to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......e of sexual harassment under Penal Code in Nari-O-Shishu Nirjatan Daman Tribunal under section 27(3) of the Ain …………………………………(21) Cases referred to- Pakistan Criminal Law Journal, Lahore (1983) Page 2241; AIR 1928 Patna page 359; Ansarulla Molla Vs. Hamid Ulla and ot..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is disÂmissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sed. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by t......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is disÂmissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......r Vs. The State, represented the Deputy Commissioner, Narayanganj & another …..Respondents Judgment March 9, 2006. Result: The petition is disÂmissed. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructed by Md. Abu Siddique, Advocate-on-..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......tant Attorney-General - For State Respondent. Criminal Appeal No. 836 of 2004. Judgment AK Badrul Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. The State……………………………................Respondent Judgment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Kamruzzaman with Parvez Ahmed - For convict-appellant. A.S. Md. Ramz..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......or Assistant Judge, Sundarganj, Gaibandha bearing Other Suit No. 145 of 2004 stating that he went to the victim's house on 8-6- 2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......……………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Latif Prodhan. Advocate—For the Petitioner. Ireen Mahahub, Deputy At..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......n Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him to suffe...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......€¦â€¦â€¦(23) Cases Referred to- Nazrul Islam Chowdhury Vs. The State, 19 BLD (AD) 18; Abdul Hakim Vs. The State, 45 DLR 352; M. Alam Chowdhury and 9 others Vs. The State, 6 BLC 220. Lawyers Involved: Md. Abdul Alim Miah, Advocate - For the appellant. Md. Alamgir Kabir, As..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......urt, Comilla, in Title Appeal No.328 of 1992 affirming those dated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff instituted Title S...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ary 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, 40 DLR (AD) 56. Lawyers Involved: Md. Tafazzal Hossain- For the Petitioners. Md. Abdul Quddus Mia- For th..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... 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. ...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov...... 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. ...... to prove contract between the plaintiff and the defenÂdant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of the EviÂdence Act is that the burden of proof lies with the party who su..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the deÂcretal 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.
......reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legÂislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objecÂtion or any date fixed by the Adalat………………….(6)
When t......tent of 25% of the deÂcretal 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.
......n giving such
opportuÂnity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
57 DLR 164=25 BLD 171
Lawyers Involved:
Rokanuddin Mahmud with Md. Waliur Reza Chaudhury-For the Petitioner.
Raf..
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)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ......smissed. 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 ima......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ......operty as secular property, which, in fact was not the legal position…………………….(15) Case Referred to- Sukumar Bose and others Vs. Abani Kumar Haider and others 60 C.W.N.778. Lawyers Involved: A.S.M. Khalequzzaman, Advocate- on-Record for the Appellant (In Civil Appeal ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....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.
...... provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appellant.
None-For the Respondent.
First Miscellaneous Appeal ......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.
......se its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20)
Lawyers Involved:
Md. Zafor Ali Khan, Advocate-For the Appellant.
None-For the Respondent.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
...... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the orÂder of dismissal
from her service passed by the authority of Kanchipar......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......igRam and others, 48 DLR (AD) 154; Abdul
Mazid Howlader and another Vs. Lahajuddin Howlader & ors., 48 DLR (AD)(1996)
160; Safaruddin and others Vs. Fazlul Huq and others, 5 BLT (AD) 201.
Lawyers Involved:
Md. Mazibar Rahman, with Gouranga Chandra Kar, Advocates-For
the Petitioners..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......lam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Op......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......t-Petitioners Vs. Noresh Chandra Mondal and others……………………..Plaintiff Opposite parties Judgment December 4, 2005. Result: The Rule is discharged. Lawyers Involved: Zakir Hossain - For the petitioners. Momtazuddin Ahmed - For the Oppos..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
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. ...... November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without giving the parties concerned an opportunity of being heard. Cases Referred to-...... 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. ......concerned an opportunity of being heard. Cases Referred to- Coca-Cola Company Vs. Registrar of Trade Marks, 6 BLC 522; Nabisco Inc USA Vs. Registrar of Trade Marks, 2002 BLD 640. Lawyers Involved: Md. Ohiullah, Advocate — For the Appellant. No one — F..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.......l Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his convict......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. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attor..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....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. ......dvocate-on-Record- For the petitioner. Abdul Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 47 of 2004. Judgment &......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. ......lip;……………………………………..Respondent Judgment October 23, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
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