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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. ...... 6. Mr. Md. Zakir Hossain, the learned Advocate for the Petitioner on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned ..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. ......here was no possibility of collecting evidence from abroad for filing the same before the Registrar of Trade Marks on 6-8-2000 the date of hearing of the opposition case the petitioner instructed his lawyer to file Form TM 55 for an adjournment. The learned Advocate of the petitioner accordingly, fi..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.......cognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had no previous bad record to pr..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
.... in any material particular, he shall be punishable with imprisonment for a term which may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon u......ial particular, he shall be punishable with imprisonment for a term which may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon under section ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
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. ......, Cox's Bazar Pourashava to hand over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..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. ......n appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…&h..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....able for non-exhaustion of efficacious remedy of arbitration. The writ petitioner obtained the 'exclusivity clause fraudulently. The Licence Agreement is unenforceable for non-compliance with the provisions of Article 145 of the Constitution of Bangladesh. The exclusivity clause is inconsistent ......of the Licence Agreement cannot be operative. In addition, because of the non-obstante clause in section 5 of the BT Act, the provision of BT Act shall prevail in case of inconsistency with any other law in force. Clause 4-2-15 of the Agreement is to uphold the “exclusivity clause” (clause 2.3) ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....on, 2003 as discussed above, are sufficient to
ensure the same. It is clearly found that the petitioner took a wrong way to
ventilate his grievances, other than the recourse prescribed by specific
provisions governing the issue. Under these facts and circumstances we do not
find any substance in......espondents with regard to International Tender No.2 of 2004-2005 dated
9.12.2004 is required to be set aside. He further submits that the respondents
acted illegally, improperly and without any lawful authority by approving the
recommendation/ decision of the Tender Evaluation Committee altho..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
.... of Land and Land Administration & ors............................................................Respondents
Judgment
August 9, 2005.
Result:
The Rule is discharged.
The provisions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is ......nd 645 of Mouza Joydebpur under Joydebpur Police Station in the District of then Dhaka at present Gazipur vide LA Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect.
2. The relevant fact for the purpose of disposal of..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
..... In this petition constitutional and consequent legality of Gram Sharker Ain, 2003 (Act VI of 2003) (the 'Act' in short) is under challenge. It is stated in the petition that the pre-amble and other provisions show that the Act created an organization which is apparently supportive to the Union Par......of 2003), in particular Section 3 and 4(4) thereof, should not be declared void as being inconsistent with the Constitution and in particular Articles 7,9,11,27,28,59 and 60, as being enacted without lawful authority and of no legal effect. 2. In this petition constitutional and consequent legali..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. ......ted that septicemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report, given to the police station. Haemorrhage might ..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. ......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 whether the substance underneath the law was equally adhered to. There must not be any reason of doubt as to the truth of the statements..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....arged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisions of section 35 of the Evidence Act, 1872 unless the same is rebutted……&helli......visions of section 35 of the Evidence Act, 1872 unless the same is rebutted………………..(8) The school Testimonial having not been proved in accordance with law the same cannot be considered giving preference over the voter list………&hell..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....sis of his earlier equivalent post carrying the same pay scale and there was no need for any test or examination or particular qualification or length of service for absorption in the new post as per provision contained in Establishment Ministry's memo dated 20‑3‑72 and 1-9‑83 respectively......n its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for challengin..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....se of admission of the appeals. It appears that order passed by the Appellate Tribunal under Section 196B of the Customs Act, 1969 has become appealable since the year 2000 in which year the original provision of section 196D was amended through Act 15 of 2000 and the provision of appeal, by the par......Court Division and shall be decided in accordance with the opinion of such judges or of majority, if any, of such judges. (2) Where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of t..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... in such areas. The above clause (g) was inserted in 1987 by the Act XXIII of 1987. 29. Sub‑section 1 of section 10 of the Ordinance provides, inter alia, that any person shall, subject to the provisions of sub‑section (2), be qualified to be elected as, and to be, a chairman or a commissio......contest while opposite party No.1, the returned chairman and No.6, the returning officer contested the case. 7. Case of opposite party No.1 was that the Industries was a body corporate under the law and obtained the loan as such. In case of any default by said Industries in the repayment of the..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.... disprove any defence of explanation raised by the accused, even if it appears affirmative in nature. 20. In the instance case, the allegation against the accused petitioner that he violated the provision 6(5) (b) of the Muslim Family Laws Ordinance, 1961 for not taking permission from the Chai...... 13. Mr. Nitai Roy Chowdhury, the learned Advocate for the petitioner, submits that alleged second marriage was not at all solemnised; that the alleged Kabinnama has not at all been admissible in law for which that was not exhibited; that the accused petitioner is quite innocent and he committed..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. ......d not adduce any evidence to prove their case of adverse possession rather they relied upon Exts. 1, 2 & 3 the receipt, bainapatra and kabala in support of their title. 16. The principle of law is that the case of adverse possession must be specifically pleaded in the pleading and proved i..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. ...... support of the order is absent. 2. The order of the trial Court as well as of the High Court Division is not an elaborate one assigning reasoning in detail in support of the orders so passed. The law is now settled that merely because an order of a Court is not an elaborate one or that is not sp..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....cedures etc. of the Government. UGCs and the University itself and without requirement of the departmental and faculties heads, decisions of the Rajshahi University Teachers Association, budgetary provisions, etc. provided for such appointments and violating the principle of natural justice an......tments, Halls and Faculties would be seriously affected, disturbed and interfered if the injunction is granted. They contend that the appointments have been made in good faith, in due process of law and for the interest of the University for which the plaintiff would not suffer any loss, etc. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
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