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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.   ......, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ......duty of the above‑mentioned statutory authority to repel and dispel any attempt to influence his decision, even when such an attempt proceeds from a superior authority. Having regard to the limited nature of, his function under the Buil­ding Construction Act, 1952, the Authorised Officer must ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......is Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ght apply for regularization of their service. The writ petitioner No.1 Md. Halim Miah of Writ petition No. 62 of 2000 applied for regularization of their service. Subsequent advertisement of similar nature was made by the PSC on 1.4.78 and the writ petitioners Nos.2-10 of writ petition No. 62 of 20..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ...... Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......ayed to the Court in that behalf. 11. Leave was granted to consider the contentions that while the Act was enacted in 1887 the jurisdiction of the S. C. C. Court was limited to all suits of civil nature of which the value does not exceed Tk. 1,000/- (at the present raised to Tk. 30,000/-) and th..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......ate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ...... that he heard the occurrence from the people and some body had beaten the victim. He further submits that P.W.8 is doctor who stated in his examination‑in‑chief that all the wounds are simple in nature and in other place he said that hurts are grievous in nature and, as such, he deposed self co..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......er imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......xamination. Doctor holding post‑mortem examination gave opinion that the death of the victim was due to shock as a result of the injuries found on her person which were ante mortem and homicidal in nature. On receipt of the post‑mortem report the aforesaid charge officer, being P.W.1 Md. Nurul A..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......ved on March 1, 1993. The aforesaid facts are not disputed by the appellants. As per provision of section 6 of the Ordinance all persons interested in the land acquired would be notified to state the nature of their respective interests in the property and the amount and particulars of their claims ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......s no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......ber 3652 and the result of the preliminary examination was published in the official Gazette Notification No.24655‑64 dated 9­-12‑1990 under roll number No.1934, both duly issued under the signature of the Controller of Examinations, Chittagong University. The photo­copies of the Gazette..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ...... order complained of are set aside. Ed. ......an election petition. If he has got a clear case, that can be decided at the macro level on the interpretation of relevant law on admitted facts, not clut­tered by micro-questions of disputed nature, then for an efficacious of expeditious remedy he may invoke the jurisdic­tion of the ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

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: ......he learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......perusal of the reasoning given by the Labour Court, we are led to irresistible opinion that it cannot be denied that the occurrence of 15-3-2000 was behind issuance of orders of termination. From the nature of occurrence alleged it could not be ruled out that the said acts did not involve trade unio..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  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. ......ccordingly, the appeal is allowed. There is no order as to cost. Ed. ......itution of the suit the plaintiffs filed an application seeking injunction for restraining the defendant Nos. 52 and 53 and the other "defendants from making any construction or to change the nature and character of the land in suit and thereupon, on 8-9-1990 the Court passed an order of st..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... the learned Counsel appearing for the respondent No. 1, has submitted that, the respondent No. 1 has a legitimate expectation as he has invested money in the company, which is a small company in the nature of quasi partnership, and in such company it is expected that he should be allowed to partici..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......onal vigilance over the medical treatment of the victim few days' delay had been caused in lodging the first information report. He identified the first information report as Exhibit 1 and his signature thereon as Exhibit 1/1, also identified the seizure list with its contents. 16. Througho..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

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. ......ingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......he respondents to show cause as to why the Notification under Memo No.স্মারক নং-স্বঃমঃ(পু-১)/বিবিধ-১১/২০০১ dated 1-7‑2002 issued under the signature of the Deputy Secretary (Police), Ministry of Home Affairs, Government of Bangladesh should n..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... Division is maintained. There is no order as to cost. Ed. ......reafter Khurshed Ali came to him with one blank stamp and some blank cartridge papers and stated that his son previously purchased the stamp paper and in good faith he (defendant No. 1) put his signature in the blank papers for drawing up a monthly tenancy deed, that subsequently the compromise ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......anted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......f Criminal Procedure, shortly the Code. It is no doubt an extraordinary power given to the High Court, which is called inherent jurisdiction of the High Court and since this power is extraordinary in nature and discretionary, it should be used sparingly, carefully and with utmost caution. Principall..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ......thority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ...... firearms only for the purpose of personal security and safety and the petitioner had never violated any terms and conditions of the licence. On 3‑8‑04 by general notification issued under the signature of the District Magistrate, Mymensingh in exercise of the power given under the Arms Act, 197..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......r, rightly or wrongly, may be recovered from the concerned loanees and the Bank authority already instituted two money suits and got a decree vide Annexure-D series. Since the transactions are in the nature of civil liability, initiation of Criminal Proceedings is illegal and liable to be quashed. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ...... victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ...... of the unlawful assembly in the instant case might not have the common object of murdering Fatik Mia but it is clear from the evidence that they had the common object of committing an offence of any nature including murder to anyone of the other party. This common object is clear from the fact that..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......is Case is also Reported in: 57 DLR (2005) 257. ......aw and restoration of the Constitution. It is now well settled by good authorities that after revocation of the martial law and restoration of the Constitution, all those orders that are executory in nature on the date of such revocation come to an end. Reason is very simple, all authority and force..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ......cial Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ......he Code of Criminal Procedure, 1898 (V of 1898), Section 561A   Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional n..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84