Search Options
Judgment Advanced Search
Displaying 881-900 of 7208 results.
....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.
......om the authority……..(7)
Since the possession of the land had already been delivered to the requisitioning body the requisitioned land is not liable to be released. The land in question still lying unutilised with the authority and the compensation was assessed by the authorit......of the land from acquisition”
6. Further, in that decision while their Lordships explaining the scope of section 5(7) and section 8(B) of the Act 1948 maintained,
"In view of the facts and circumstances of the case, the lawful order the learned judges of the High Court Division ..
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. ......, the Gram Sharker is created to support the activities of the said local Government body. As such, this body has been created in the interest of the country as a whole. He further submitted that the question of conforming to the requirement of Articles 59 and 60 of the Constitution does not arise 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. ..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. ......e canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectively and the acquisition of the said land was illegal. It may be mentioned the canal in question is being excavated in connection with the implementation of the Teesta Barrage Project Phas......nted upon observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefly noticed above the orders of temporary injunction were not wholly unconsci..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. ......nged. Moreover, such medical evidence as to cause of death does not suffer from any infirmity or inherent defect. Thus, it is well proved that abortion was the cause of death of the deceased. Now the question is whether such abortion which resulted in her death was natural, that is, act of God, or c......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. ......to us that the entire case against the appellant rests upon his confession (Exhibit 7) and the learned Judge of the trial Court convicted the appellant relying on his confession. 24. Now the question that calls for our consideration is, whether the said confession can be the sole basis of ......on in respect of a confession of an accused produced before a Court taken in accordance with law and purporting to be signed by a Magistrate. We are of the view that, having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession withou..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. ......he material averments of the plaint stating, inter alia, in short, that the defendant was a minor at the time of alleged marriage having his date of birth as on 9.4.1981. His further case is that the question of his going to the office of the Notary public at Joypurhat with the plaintiff does not ar......dance with law the same cannot be considered giving preference over the voter list relying on the decision referred by the learned Advocate for the petitioner as aforesaid which does not apply in the facts and evidence in the instant case. 12. On the other hand the case law referred by the oppo..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.
...... matter to be decided by the Administrative Tribunal under Article 117(2) of the Constitution of the People’s Republic of Bangladesh. He has further submitted that the present case involves the question of the departmental proceedings which is very much within the jurisdiction of the Administr......o.11(16) Customs Administration‑3/91/775 dated 3‑12‑96 containing charge-sheet as contained in Annexure-K should not be declared to have been made without lawful authority.
3. The relevant facts for the purpose of disposal of both the Rules are as follows: that the petitioner being the tr..
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. ......al. It further appears from the Provision of 196F that the wordings "it shall be heard" indicates that as scow as the appeal is registered in the office of the High Court Division, the question of hearing of the said appeal on merit shall arise. The use of the phrase in Section 196G &...... the appeal without hearing on merit on the points raised therein. An exercise of admission of an appeal at the initial stage requires a hearing only on the point of maintainability as to the law and facts which appears to be a filtering process to see as to the genuinity of objection or point of la..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. ......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. ......squalified on the date of scrutiny of the nomination papers and declaration upon such view of the election for the office of chairman of said Madhabdi Pourashava as void was well founded in the above facts and circumstances of the case and on the relevant law. 26. Entire dispute centres around ..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. ......s see how the prosecution has succeeded in proving the allegation against the accused petitioner. Where the defence case is that the accused petitioner has not at all entered into second marriage the question of taking permission from the Arbitration Council does not arise. The moot point of determi.......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 complainant Musammat Nargis Sultana an..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 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. ......s appeal by leave is directed against the judgment and order dated 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two storied building w..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. ......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. ......o be amended and the application filed seeking amendment of the plaint as well as the other materials on record. The amendment so sought in major part is formal one and the rest is elaboration of the facts already averred in the plaint. 3. The learned Counsel for the petitioner felt difficulty t..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 affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......lor and others……………………………………………………………Opposite Parties Judgment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking ev......tural justice and in malafide with bad motive to remove the existing Master Roll employees of the same nature by the new set of employees. He submits that the trial Court in consideration of the facts and circumstances of the case and the rules and guidelines provided therefore passed the orde..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.......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.......ned District Judge did not consider the existing price level and the requirement of an individual to lead a simple life, and with comfort and Taka 800 was not sufficient. 11. Having considered the facts and circumstances of the case I am of the opinion the plaintiff should get at least Taka 2000 ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
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. ......rs from the date of the lease or till you have paid the entire amount of salami, whichever is later, if any transfer is made or any charge is created in contravention of these provisions, the land in question shall automatically vest in Government. (12) If you fulfill the conditions of thi......ing those dated 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 a..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. ......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. ...... four writ petitions that no separate licence from the Ministry of Information would be necessary for the matters mentioned in section 3 of the Act was correct. 37. In view of the above state of facts as placed by the learned Attorney-General, we however, do not need to express ourselves on the..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. ......als on record and fact and circumstances of the case, the following points outlast for determination in the appeal or, to put it differently, the destiny of this Appeal hinges on answers to following questions which are: I. Whether prosecution could bring home offence punishable under section 3......ation is first information report postulated in section 154 of the Code. All other information made orally or in writing after commencement of investigation into the cognisable offence disclosed from facts encompassed in First Information Report and entered in police station diary by police officer ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....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. ......ness of treatment. The High Court Division under sections 435 and 439 reserves the power to see that justice is done and subordinate courts do not exceed the jurisdiction or abuse the power. The main question which this Division has to consider in revision is, whether substantive justice has been do......ad sufficient cause for not making the application within the period fixed by statute. Where the Court before exercising the power under section 5 of the Limitation Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the di..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....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. ...... 90 (ninety) days provided the applicant can show that he was prevented by sufficient cause to move the High Court Division within the said period of 90 days. The revisional Court is to look into the question whether there has been gross negligence on the part of the petitioner or an inordinate dela......sheet against the accused-petitioner under section 170 of the Penal Code. The prosecution has examined 6 witnesses while the defence examined none. The learned Metropolitan Magistrate considering the facts and circumstances of the case and evidence on record convicted the petitioner under section 17..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)
....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. ......tting the case property in favour of anybody stating, inter alia, that is the owner-in-possession of the case property by purchase; but during the pendency of the Settlement Case, the property in question was allotted to one Abdul Motaleb and Sheikh Alam. However, at a subsequent stage, the Gove...... Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is not required to make determination of facts on its own. It can interfere with the findings of a Court of Facts under its extraordinary jur..Category: Property Law | Date: 25 May, 2005 | Hits: 33
89737861283893686438028897284198933903326910086674635895689118922898890288465