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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. ......or the Respondents. Writ Petition No.3785 of 2002. Judgment Afzal Hossain Ahmed J.-This Rule Nisi was issued calling upon the respondents to show cause as to why the Notice inviting tender for leasing out the Central Bus Terminal of Cox's Bazar Pourashava and publishing the same in the "D......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. .......Respondents Judgment August 30, 2005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
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. ...... 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 is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett......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. ......n 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 with MA Harun, Advocate‑ For the Petitioner. Md. Joynul A..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. ......nnek R Haque, Advocate (Joynal Abedin, Advocate with him), instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by...... 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. ......es Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata Kristnayya and others vs Kalavagunta Venkatachalam and others, 32 Mad 185 (DB); 4 Bombay Law Reports 948 (DB); Janu Sait vs Ramaswami Naidu, AIR 1923 Madras 626; Somu Pillai vs The Municipa..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.
......to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
InÂternational Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Ma......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.
......
51 DLR (AD) 24; 54
DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of InÂdia A.I.R.
1996 S.C. 11; AssociÂated Provincial Picture Houses Ltd. Vs. Wednesbury
Corporation.
Lawyers Involved:
Md. Ozair Faruque-For the Petitioner.
M. Amirul Islam-For Respondent No..
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.
......isions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory………..(5)
The provisions of section 5(7) if not performed earlier can be perfected, by performing subsequently by the authority regularising the same a......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.
....... Abdul Wahhab Mia and others, 4 BLC (AD) 1; Abdul Motaleb and others Vs. Fazle Karim and others, 1997 MLR (AD) 192; Ali Ahmed and others Vs. Government of Bangladesh and others, 55 DLR (AD) 92.
Lawyers Involved:
Mahbubey Alam with Zulfiquar Ahmed, Advocates- For the Petitioners.
..
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. ...... Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functioning of the Union Parishad, that the Gram Sharker would only assist the Upazila Pa......o-third members would be elected by the rate-payers and the rest one-third would be nominated by the Government. 24. In 1947, the dominion of Pakistan came into being and in 1959, during its first Martial Law period the name Union Board was again changed, this time as Union Council by the Basic D......R 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee Co., (1920) Ltd. (1924) I KB 171; (1923) All ER Rep 150. Lawyers Involved: Dr. Kamal Hossain with Tanjibul Alam, Ms. Amatul Karim and Ms. Sadeka Jahan, Ad..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. ......essions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant and absconding accused Ful Banu under sections 314/34 of the Penal Code and sentencing to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer further rigorous imprisonment ......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. ......lip;………………………………Respondent-State Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossai..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. ......dgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whet......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. ...... State, 42 DLR (AD) 186; Senu Mia Vs. State, 3 BLC 441; Angur Vs. State, 41 DLR 66; Abu Taker Vs. State, 1991 BLD (AD) 80; State Vs. Monu Mia, 54 DLR (AD) 60; Abul Hossain Vs. State, 46 DLR 77. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate — For the Appellant. Parvin H..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. ......, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 b......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. ......oter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. Lawyers Involved: Md. Giashuddin Ahmed - For the petitioner. Md. Harun-or-Rashid, Advocat..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.
......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 well as for infringement of fundamental rights, gua......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.
......of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR (AD) 199; SP Sampad Vs. Union of India, AIR 1987 SC 385; JB Chopor Vs. Union of India, AIR 1987 page 357.
Lawyers Involved:
Abu Bakkar Siddique, Advocate‑ For the Petitioner
SAM Mahbub Elahi, De..
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. ......za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe......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. ......rd of Revenue & others………………Respondents (Customs Appeal No.17 of 2005) Judgment July 24, 2005. Result: Appeals are allowed. Lawyers Involved: Syed Ahmed, Advocate- For the Appellant. A.B.M. Nurul Islam, senior..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....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. ...... in Election Tribunal Appeal No.1 of 2004, which set aside those dated 18‑7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. O......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. ......Bank, 37 DLR (AD) 1; ASF Rahman Vs. Bangladesh Bank, 52 DLR (AD) 61; Director, National Bank Vs. Bangladesh Bank, 2 BLC 20; IFIC Bank and others Vs. Beximco Holdings Ltd. and others, 57 DLR 154. Lawyers Involved: Amir-ul-Islam with Tania Amir, Dr. Shirin Sharmin Chowdhury & Moniruzzam..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. ......, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the ......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. ......d. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984 BLD 144; Raman Lal Rathi Vs. State AIR 1951 Cal. 305; Ukha Kolhe Vs. State of Maharashtra AIR 1963 (SC) 1531. Lawyers Involved: Nitai Roy Chowdhury with Nuro Nabi, Advocates- For the Petitioner. ..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. ......Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt......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. ......€¦â€¦â€¦â€¦â€¦Appellant Vs. Rash Mohan Saha being dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005. Result: The Appeal is allowed. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Appellant. Md. Aftab Hossain..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. ......cord‑For the Petitioners. M Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed......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. ......gning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the decision is taken is proper, the order passed is sustainable. Lawyers Involved: AM Mahbubuddin, Advocate (appeared with the leave of the Court) instructed b..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......man Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; AbÂdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. Lawyers Involved: M.I. Farooqui with Md. Ruhul Quddus and Nazneen Nahar, Advocates- For the Pe..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.......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......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.......ibur Rahman (Md) vs. Shakila Begum and others reported in 53 DLR 152, Utpal Kanti Das vs Monju Rani Das, 50 DLR (AD) 47, 53 DLR 152, 42 DLR 483, 38 DLR (AD) 172, 35 DLR 160, 2 BLC 509, 34 DLR 221. Lawyers Involved: Minal Kanti Biswas, Advocate—For the Petitioner. Gobinda Chandra Tagore, A..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. ......pondent No.6, the Superintendent and Member-Secretary of Doho Shuho Dakhil Madrasha, on behalf of the managing committee put up an advertisement in the Daily Uttara on 6.12.2001 inviting applications for the post of Assistant Superintendent of the said Madrasha. In response to the said advertisement......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......lawful authority.....................(8) Cases Referred to- M/S Jubiles Syndicate Vs. Collector of Customs, (1968) 20 DLR 300; The University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioner. Md. Khashruzzaman, Advocat..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. ...... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ...... 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. ......ince the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers Involved: TH Khan, with Abul Quashem, Md. Abul Bashar, Moinuddin and Ariful Islam-For t..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. ......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden......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. ......munication Act, 2001 could only be cancelled or suspended by it by following the procedure of section 46 of the Act after giving the licensee proper notice and hearing……..(71) Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq and Rabe..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
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