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Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....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......Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Developm..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....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......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. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....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......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)
....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 ......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)
.... 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 ......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
....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......emedy under Article 102(1) but, in all other cases, he will be required to seek remedy under Article 117(2)……..................(11)
Cases Referred to-
Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR ..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....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)
....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......him or her from any specified bank within the time allowed by the bank therefore". (emphasis supplied by us). 28. The Ordinance was promulgated long before in 1977 for constitution of Local Government Institutions in urban areas and to consolidate and amend certain laws relating to Local G..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.... 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)
....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)
.... 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)
....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 ......iff has no prima facie case, the balance of convenience and inconvenience is against him, that the restriction on appointment was withdrawn by the UGC on 22.12.2003 and restriction imposed by the Government was also withdrawn on 8.1.2004 by two separate circulars, that in a meeting held on 22.3..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....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 ......se are all Civil Courts and the provisions of the Code of Civil Procedure are applicable to proceeding before these Courts". The decision reported in 38 DLR (AD) 172 relates to the provision of Local Government (Union Parishad) Ordinance, 1983 and their Lordships of the Appellate Division took the v..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
.... 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......;………………………………………………………..Petitioner Vs. The Government of Peoples' Republic of Bangladesh, represented by the Secretary, Ministry of Educati..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....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......52 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewla was khal category khas land and the same being silted up for cultivation was declared for settlement under Crash Programme of the then Government; that one Mofizuddin as a landless cultivator coming from India as refugee applied for se..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....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...... The petitioners, for the sake of brevity, shall be referred hereinafter as the JTV. 4. On 23‑11‑01 the JTV submitted a proposal to the respondent No.1, the Ministry of Information, the Government of Bangladesh for setting up and operating both terrestrial and satellite television chan..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)
....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...... of Ashi College Shop at Eskaton. Essence of testimonies of D.Ws.3‑7 was that convict-appellant Mahbub had been before them from 9‑30—1‑15 PM on 2‑12‑1992. D.W.3, D.W.4 and D.W.5 were Government officers and D.W.6 was a businessman and D.W.7 was a Shop‑keeper at Eskaton and they we..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....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)
....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)
.... 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......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 and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and o..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
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