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....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......l Hossain……………………….Petitioner
Vs.
The People's Republic of Bangladesh,
represented by the Secretary, Ministry of Communications, Bangladesh
Secretariat, Ramna, Dhaka and others…………..............Respondents
Judgment
August 15, 2005.
Result:
......৭৯dated 30.6.2005 that the Government has
approved the recommendation/ decision of the Tender Evaluation Committee
although the difference is more than Tk. 2,50,00,000.00 which is the impugned
order dated 30.6.2005. The petitioner thereafter moved this application and
obtained the present ..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....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......
Syed Md. Dastagir Husain J
Md. Ashfaqul Islam J
ASM Anayetullah & others.............................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors............................................................Res......General- For the Respondents.
Writ Petition No.4778 of 2003.
Judgment
Md. Ashfaqul Islam J.- This Rule was issued calling Upon the respondents to show cause as to why the impugned order dated 10‑7‑1969 passed by Deputy Magistrate and the Deputy Collector and Land Acquisition ..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....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...... is also Reported in: 15 BLT (HCD) (2007) 156. ......egations in the petition. It is stated in the affidavit in opposition that the Gram 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 functi..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. ......r as to costs. Ed. ......p; Md. Ruhul Amin J: Leave was granted 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 not..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....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 ......neral with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions......l with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Cas..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....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......5. 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 whether the substance undern......e-Respondent. Criminal Appeal No.622 of 2000. Judgment SM Ziaul Karim J.- By this appeal, convict appellant Sadeque @ Sadequr Rahman has challenged the propriety of the Judgment and order dated 22-9- 1999 passed by the learned Additional Sessions Judge, Narsingdi in Sessions Case ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....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......lip;………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. 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 correctnes...... in an error in the decision occasioning failure of justice and as such I find no merit in the Rule and the same is liable to be discharged. 13. In the result, the Rule is discharged without any order as to cost. The judgment and decree of the appellate Court below is hereby upheld and that of ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....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......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul......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..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....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......……………………………………………………Appellant Vs. Customs, Excise and Vat & others…………………Respondents (Custom......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..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....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......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......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..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.... 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...... 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984...... 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..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....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......te-on-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). ......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..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
.... 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...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others..............................Petitioners Vs. Capital Service Center Ltd and othe...... 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..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....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. ......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......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 ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....edical College Hospital and she used to assist the defendant financially for prosecuting his studies and that the plaintiff in all paid about Taka 45.000 for the purpose of treatment of her father-in-law excluding financial support to the defendant while the defendant was a student. The plaintiff th......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho......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 ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....etency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and admin......ellip;………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others…………………Respondents Judgment Jun...... 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..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... this Court and obtained the present Rule. 7. Mr. TH Khan with Mr. Moinuddin, the learned Counsels appearing on behalf of the petitioners, submitted that both the Courts below committed error of law by not considering the grounds taken by the petitioners in the Courts below. He further submitte......ase 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..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent 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...... 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..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)
.... husband subsequently registered as first information report dubbing husband as perpetrator of crime. This case, also, presents a paradigm how a murder event could be carried to wrong side and son-in-law of a family, husband of deceased lady, could be sacrificed at altar of design programmed by fath......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......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..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
.... the accused opposite parties and others alleging inter alia that a Title Suit No.125 of 1990 is pending in between the petitioner and the accused opposite party No.1. The accused persons made an unlawful assembly with a bad intention to do harm to the petitioner on the date of occurrence and e...... Hamida Begum Wife of Akbar Ali………………………………………………………………………Petitioner Vs. Mosharef Hossein Sikder son of Late Abdul Mannan Sikder and others………………State Judgment June 15, 2005. Result: Rule is abso......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..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
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