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....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.
......quo;
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 could pass under law was to dir......ing the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7)
Since the possession of the land had already been delivered to the requisitioning body the requisitioned land is not liable..
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. ......ve power on the part of the Parliament and consequently this law is ultra vires to the Constitution and unconstitutional. In support of his argument the learned Advocate relied on the decision in the case of Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministr......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. ......s and that in the event of any obstruction in the implementation of the said scheme, the whole project will fail and there is likelihood that the aid giving agencies may withdraw the fund and that in case of an order of injunction whole Teesta Barrage Irrigation Project will come to a deadlock and t...... in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectivel..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. ....../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 for one year. 2. Short prosecution case is that on 12‑8‑1998 appellant Raqib without the consent of his wife, deceased Anowara with......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. ......96 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case as projected in the First Information Report and unfurled at trial is that on 19-10-1991, sinc......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. ..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. ......tements denying the 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 plai......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. ..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.
......tion, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for challenging the vires of a law will seek his remedy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2)……..................(11)......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)
....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. ...... 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 the other judges of the High Court D......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)
....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. ......e for election of said Madabdi Pourashava fixing 17‑5‑03 for submission of nomination papers, 18‑5‑03 for scrutiny, 24‑5‑03 for withdrawal and 12‑6‑03 for polling. 4. His further case is that said Shafiuddin was one of the directors of Messrs Bright Textile Industries (Pvt) Limi......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)
....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. ......ons Judge, Nawabganj, in Criminal Appeal No.41 of 1997 dismissed the same and thereby affirmed the judgment and order dated 2‑7‑1994 passed by the learned Magistrate, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinan......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)
....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 of their title to the said property and confirmation of possession therein. An alternative prayer was also made for specific performance of a contract for sale in respect thereof. 3. The case of the plaintiffs, in brief, is that on 23.05.1965 Kumudini Saha entered into a contract with t......ed 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 which belonged to one Rajeshwar Saha, father of defendant No. 1..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. ......the plaint, we are of the view that insertion of the facts sought to be inserted will not change the nature and character of the suit, which is a suit for specific performance of contract for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court ..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. ......ppointing its teachers, officers and employees the guide lines of the UGC must be followed, that no appointment under Master Roll on the basis of daily payment should be given from 1.6.2003 and in case of appointment of employees its 50% post should be fulfilled from the sons/ daughters/ heirs o......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)
....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....... evidence to be produced by the plaintiff and also took deposition of few witnesses on behalf of the plaintiff and then by a judgment and decree dated 12-6-2000 held that the plaintiff has proved her case of marriage with the defendant and accordingly, allowed the appeal and decreed the suit declari......on of the plaintiff, as made in the plaint, has not been denied or challenged by the defendant by filing any written statement. The plaintiff, however, made an assertion that there was exchange of garlands before the deity Kalimatha but such statement alone would not disqualify the marriage held in ..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. ......he petitioner before the cancellation of the appointment. Even no copy of the said order was served upon him. The principle of natural justice requires that no one should be condemned unheard. In the case of M/S Jubiles Syndicate Vs. Collector of Customs reported in (1968) 20 DLR 300 the petitioner ......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)
.... 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. ......egal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State Acquisition and Tenancy Act. In the instant case the Revenue Authority had no legal authority to cancel the registered lease after about 18 year......it 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 of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewl..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. ...........................Respondents Judgment June 16, 2005. Result: The Rule is made absolute. Bangladesh Telecommunication Act (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. ......elecommunication Policy and the law in arbitrary exercise of the statutory powers. 30. He submitted that upon receipt of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received ..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. ...... after a period of about sixteen (16) months and four (4) days of first information report by 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 ......t of co-convict Md. Belal being a minor, prosecution could take step for his trial under The Children Act and prosecution remained silent and allowed co-convict Md. Belal to be tried under Law of the land by Court of Sessions and not by a Juvenile Court and it did not lie in the mouth of prosecution..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....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. ......l Code against the accused Kuddus, Abdur Rashid, Ayub Ali, Nitai Chandra Shil, Narayan Shil, Nivarsha Shil and under Section 323/324/380 of the Penal Code against the accused Mosharaf Hossain. The case was thereafter transferred to the Court of District Magistrate, Barisal. As the case was under......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)
....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. ...... 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 discretion unde......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
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