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....tion)
Present:
Syed Md. Dastagir Husain J
Md. Ashfaqul Islam J
Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others...........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.
......ed 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 well as for infringement of fundamental right......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.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
.... Syed Ahmed, Advocate- For the Appellant. A.B.M. Nurul Islam, senior Advocate- For the Appellant. Syeda Afsar Jahan, Deputy Attorney-General- For the Respondents. A. J. Mohammad Ali, learned Attorney General. Rafiqul-Hoq, Senior Advocate. A.F. Hossain Arif, se......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. ......ain Arif, senior Advocate- As Amicus curia. Customs Appeal No.16 of 2005 and Customs Appeal No.17 of 2005. Judgment Mirza 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 Cust......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
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....ip;……………….Opposite Parties Judgment July 13, 2005. Result: The Petition is dismissed. Cases Referred to- Warish Miah Vs. Bangladesh, 1989 BLD 212 = 41 DLR 51; Nur Mohammad Vs. Badruddoza Chowdhury and another, 1990 BLD (AD) 99......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. ......005. Judgment Md. Abdur Rashid J.- One Shafiuddin who was elected chairman obtained the Rule upon making an application under section 115 of the Code of Civil Procedure against judgment and order dated 13‑3-05 passed by the learned District Judge, Narsingdi in Election Tribunal Appeal No......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. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....lip;................................Petitioner Vs. State.......................................................Opposite Party Judgment July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC)......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. ...... Judgment Siddiqur Rahman Miah J.- This criminal revisional application under section 439 of the Code of Criminal Procedure at the instance of Md. Ashraful Alam is directed against judgment and order dated 5‑8‑1999 passed by the learned Additional Sessions Judge, Nawabganj, in Criminal App......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. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Pushpa Rani Saha Podder………………Appellant Vs. Rash Mohan Saha being dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005......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. ......n-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). Ju......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. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....ed 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 to point ou......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. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 Judicial order of a court should be speaking assigning the reason of arriving at the decision taken. In spite......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. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....presented by its Vice Chancellor 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 mai......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. ......ot in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgment and order by the court at the cost of the people of the country………………….(19) Cases ......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. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....sdiction to hear Family Appeals, the appeal before Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka was re-transferred to the learned District Judge for disposal. The learned District Judge allowed additional evidence to be produced by the plaintiff and also took deposition of few witnesses on beh......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.......y Appeal No. 22 of 1993 reversing these dated 10-5-1993 passed by the Assistant Judge, 4th Court and Family Court, Dhaka in Family Suit No. 11 of 1987 should not be set aside or such other of further order or orders passed as to this Court may seem fit and proper. 2. These two rules arose out of ......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...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....llip;………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and o......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ...... Writ Petition No.2609 of 2002. Judgment Md. Muzammel Hossain J.-This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order vide Memo. No.48/2002/C dated 15.01.2002 passed by the Respondent No.3 and the letter issued b......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... (Md.) and others................Petitioners Vs. Deputy Commissioner & ors.............................Opposite Parties Judgment June 19, 2005. Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil...... 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. ......and possession of the case land by cultivating the same and by living in the residential houses raised in the case land and none has any right, title and interest therein except them but the ex parte order of cancellation of the settlement of their vendor Mofizuddin has created cloud over their titl...... 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. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ion (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment June 16, 2......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. ......ined to make an application under Article 102 of the Constitution being Writ Petition No.7999 of 2002 for a direction for according necessary licence and allocation of frequency. This Division by its order dated 25‑26 August, 2003 made the Rule absolute and directed the respondents to dispose of t......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. ..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)
....sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......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. ......is Court in the exercise of its appellate authority. Evidence of P.W.9 Younus Chowdhury had been referred to in support of contention. II. Convict-appellant was directed by Appellate Division by order dated 20‑1‑2004 to surrender before Court concerned within two weeks from date and convict......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. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
..... Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......an Khan, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.1200 of 2002. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed against the Judgment and order dated 9.11.2000 passed by Additional Sessions Judge, First Court, Barisal in Criminal Revi......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
.....................Opposite Party Judgment June 14, 2005. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation ......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. ......No. 711 of 2001. Judgment Siddiqur Rahman Miah J. - This Criminal Revision under section 439 of Code of Criminal Procedure at the instance of Emarat Ali is directed against the judgment and order dated 9‑10‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan C......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. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....e Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali an......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. ...... circumstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him thereunder to suffer simple imprisonment for one year by his judgment and order dated 21‑10‑1989 in GR Case No.3503 of 1988 in presence of the accused person. 4. Bei......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. ..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)
....others………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin ......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. ......y-General - For Respondent No.2. Writ Petition No.2615 of 1995. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the respondent No.1 should not be declared to be wit......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. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Resul......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......sclosed to the voters and the direction prayed for should be issued by this Court. He further argued that the power under Article 119 of the Constitution is plenary in character and therefore in order to hold free fair and transparent election particulars sought for are essential for enabling t......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ke or otherwise and no lawyer has any
right to obstruct or prevent another lawyer from discharging his professional
duty and if he does it he commits professional misconduct, interference with
the administration of justice and contempt of Court and also a criminal offence
and is liable to be pro......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
......reatening the whole justice
delivery system.
7. In the premises aforesaid
this Court in exercise of its inherent power and under Article 108 of the
Constitution, of its own motion and exparte orders as under:-
All Advocates on
the Roll of the Advocates prepared and maintained under......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....f 601, Ramjoy Mohajan Lane, Khatungonj, Chittagong and another…………………Opposite Parties Judgment May 21, 2008. Result: The Rule is made absolute Cases Referred to- "Daiquiri Rum" Trade Mark case, 1969 R.P.C. Vol.......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......idavit-in-Reply). It is shown further that subsequently Mr. Islam filed an application on 18.1.2003 under Order 38, Rule 5 read with Section 151 of the Code of Civil Procedure in the said Suit for an order -of attachment of the trade mark "Red Cow Incan" owned by Unilac Australia Pty Ltd. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
..... In the year 1972, the accused is alleged to have shown HSC certificate and in 1974, he showed his PTI pass certificate. It is further stated that he got promotion on 26‑6‑1990 as an Assistant Head Master in Kachiara Government Primary School showing fake HSC certificate. On verification of the......far Hossain Sarker who 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) 711. ......nt Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Comilla......far Hossain Sarker who 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) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
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