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Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......at on 4‑3‑1993, he was SI of police at Kushtia Police station when the informant Sheikh Abdul Quddus showing a injury certificate of his father filed ejhar with the Kushtia police station and the duty officer filed the case and the officer‑in‑charge entrusted him as Investigating Officer of ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....ainst the accused-respondents or not, not whether the materials are admissible in evidence or relevant or can be relied upon or are sufficient or not. He submits that such kind of exercise is an excess of jurisdiction conferred on the High Court Division under section 561A Cr.P.C." ...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ty in the, list of abandoned buildings and publication of the same in the Gazette carries with it a presumption that the property is an abandoned property and vests in the Government and thus a legal duty is cast on the claimant of the property to rebut the said presumption, but the High Court Divis..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......on he has placed before us an unreported decision in W.P. No.210/67 dated 27‑6‑67 where, almost on similar question, Mr. Morshed, CJ observed in the following terms: "What, then, is the duty of the Authorised Officer. When a statutory duty is cast upon an authority, it is for that auth..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......sion of section 265D for framing charge, if upon such consideration and hearing the Court is of opinion that there is ground for presuming that accused has committed an offence are mandatory and cast duty upon the Court to scrutinise the record and the documents submitted there before discharging an..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ...... to make inquiry into the case and submit the report by 30-6-2004. It is further stated that the learned Additional District Magistrate, Sylhet filed an application praying for relieving him from the duty of holding the inquiry into the case, as he was preoccupied with adjudicating other matters. Th..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....ne. According to the contract between the petitioner, and Telegraph and Telephone Board, the petitioner is bound to pay the arrear bills. Pursuant to the objection filed by the petitioner against the excess bills of his telephone, the matter was enquired into by the concerned department and the resu......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......0 treat any spirit or liquid or liquor containing more than 5% alcohol as narcotics. Further, item 3 Ka and Kha of the Second Schedule of the Narcotics Control Act have provided for levying Narcotics duty at a higher rate than the rate of customs duty payable at the customs station in case of import..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......e same as per noting of the concerned official responsible for the evaluation of the tender and it was done bonafide in usual course of business in accordance with law and in compliance of his lawful duty as a concerned Minister. The petitioner Safiur Rahman was the Secretary of the said Ministry wh..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....urt in the case of State of U.P. Vs. Mohammad Nooh reported in AIR 1958 (SC) 86 held as follows: "If an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrar......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......ed, should have investigated the matter through proper channel by issuing notices upon the remitters under the provision of section 6 of the Income Tax Ordinance, 1984 otherwise the remitters are not duty bound to comply with the notices issued by the Deputy Commissioner of Taxes, Circle‑18, Taxes..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......kers, some of the over enthusiastic workers and some outsiders started unruly activities, damaged the mills properties, broken the furniture, thrown brick bats heavily, injured the security guards on duty and other employees of the mills, badly damaged the buildings and residential quarters and crea..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....et that some discrepancies were found in respect of weight due to conversion of the weight from liter to kilogram. Therefore, it appears that while assessing the consignment the respondents added the excess quantity as mentioned in the packing list as evidenced by Annexure‑P(3). It further appears......ahtab, Assistant Attorney‑General‑ For the Respondents. Writ Petition No.49 of 2005. Judgment Md. Abu Tariq J.- In this Rule the petitioner has challenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....il Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the land in ex....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....itioner's project No.26 got Tk. 10,00,000/- (ten lacs) (Annexure-B). In due course, the petitioner completed his work and the money payable to him amounted to about Tk. 30,00,000/- (thirty lacs) with excess works, whereas the Road Division, Dhaka, allotted only Tk. 10,00,000/- (Ten lacs) against his......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....f the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further that there is also no excess land for allotment to the petitioner. The High Court Division, after hearing, made the Rule ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ...... as provided in Clause 1(Gha) referred to earlier, the matter would end there. But where the impugned order contains serious allegation which cast a stigma upon the person concerned, the authority is duty bound to give an opportunity to the person concerned to present, his case before issuance of an..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......ort of his contention the learned Lawyer refers to a decision as reported in 47 DLR (AD) 45 wherein their Lordships held that a party producing secondary evidence of a document is not relieved of the duty of proving the execution of the original and even where a document is exhibited without objecti..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2