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....For Respondent No. 1.
Md. Salahuddin, AdvocateâFor Respondent No. 4.
No one appearedâFor Respondent Nos. 2 and 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the constru......horised Officer.
33. Before we part, we must acknowledge with much appreciation the valuable assistance afforded to us by the learned amici curiae.
34. Order:
In the result the Rule is made absolute. Construction of the residences for the Speaker and Deputy Speaker upon land earmarked for ..
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Petitioners. Mrinal Kanti Biswas, AdvocateâFor Respondent. Writ Petition No. 6402 of 2004. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents is show cause as to why the impugned order under l......be paid according to the new schedule. When the Water Development Board refused the demand, the contractor filed a Writ petition in this Court and Rule issued in the Writ petition was ultimately made absolute. The Water Development Board filed appeal and the Appellate Division held that since the co..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
....th Farhanat-ul-AlamâFor the accused-Petitioner. Snigdha Huq, Assistant Attorney-GeneralâFor the State. Criminal Miscellaneous Case No. 9665 of 2003. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the Deputy Commissioner Khulna to show cause as to why the impugned jud......to go for a fresh trial and, as such, for the ends of justice we refrained ourselves in sending the accused-petitioner for re-trial. 13. In the facts and circumstances of the case the Rule is made absolute. The conviction and sentence as contained in the judgment and order dated 19-11-2000 passed..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....ty Commissioner Vs. Kobad Ali, 39 DLR (AD) 205. Lawyers Involved: Md. Shahidul Islam Khan, AdvocateâFor the Petitioners. Majumder Saiful Islam, AdvocateâFor the Opposite Party. Civil Rule No. 577(con) of 2004. Judgment Siddiqur Rahman J. - This Rule was issued calling upon the......d that the petitioners are legally and lawfully entitled to get indulgence under section 5 of the Limitation Act. Thus we find reasonable grounds to condone the delay. In the result, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the impugned judgment and order dated 1-11 -2004 passed by the learned Sessions Judge, Sylhet in Criminal Appeal No. 124 of 2004, the petitioner preferred this revisional application and obtained the Rule 9. Now, the point for determination is. Whether the judgment and order dated 1-11-2004 passe......f fact that the appeal is barred by limitation took a wrong view of the law, which therefore cannot be sustained. 36. That being the position, there is substance in the Rule which needs to be made absolute. 37. In the result, the Rule is made absolute. The impugned judgment and order dated 1-1..Category: Criminal Law | Date: | Hits: 65
....y Alam with JN Dcb and Ekramul Hoque. AdvocatesâFor the Petitioner.
Rehana Malek, AdvocateâFor the Respondents.
Writ Petition No. 4559 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 w......om the Cantonment Authority for removal of the pole is in no way acceptable and that the respondents are bound to remove the pole from the land of the petitioner and, as such, the Rule should be made absolute.
6. Ms. Rehana Malek, the learned Advocate appearing for the respondents, submits that t..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
.... SM Rezaul Karim, AdvocateâFor the Opposite Parties. Civil Revision No. 4932 of 1999. Judgment Syed Refaat Ahmed J. - In this application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the opposite-parties to show cause as to why judgment and decree dated ......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....i Mohammad Ali, AdvocatesâFor Respondent No. 4. Syeda Afsar Jahan, Deputy Attorney-GeneralâFor Respondent No. 1. Writ Petition No. 4068 of 2002. Judgment Afzal Hossain Ahmed J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 10-7-2001 ......any remedy and he can seek appropriate relief before the civil Court, if so advised. Thus, for the reasons stated above, the Rules have substances and it succeeds. Accordingly, the Rule is made absolute without any order as to costs. 17. The impugned order dated 10-7-2001 passed by the Dire..Category: Property Law | Date: | Hits: 62
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....nment for life. Therefore, it appears that sentence was not given according to the formula devised by the learned Judge. Government, however, did not file any appeal for enhancement of sentence or no Rule for enhancement of sentence was issued at the time of admission of the appeals. 104. We find......s were obtained by torture made by the Police which was denied. The accused repeated the same allegation during their examination under section 342, Cr.P.C. The learned Judges observed that there was absolutely no material on record to prove the said allegation of police torture or inducement and, a..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....s Involved: Samiron Das Gupta, AdvocateâFor the Petitioner. Omar Farook, AdvocateâFor Opposite Party No. 1. Civil Revision No. 2315 of 2004. Judgment Syed Md. Ziaul Karim J. - This Rule, at the instance of plaintiff-petitioner, calls in question the legality and propriety of the o......žāĻ¨ā§āĻ āĻāĻžāĻŦā§ āĻŦāĻŋāĻŦā§āĻāĻ¨āĻžāĻ° āĻāĻŖā§āĻ¯ā§ āĻ¸āĻāĻļā§āĻ§āĻ¨ā§ āĻĒā§āĻ°āĻžāĻ°ā§āĻĨāĻ¨āĻž āĻ¸āĻ°āĻžāĻ¸āĻ°āĻŋ āĻ¨āĻžāĻāĻ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤ 20. The aforesaid view is absolutely erroneous rather we find that the proposed amendment was explanatory and elucidative of f..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....For Opposite-Party No. 1. (In both cases) Snigdha Huq, Deputy Attorney-General -For the State. Criminal Miscellaneous Case Nos. 118, 8422 of 2003. Judgment Mir Hashmat Ali J. - Both these Rules were issued calling upon the opposite parties to show cause as to why impugned order dated 23-......nnot be appreciated. At the time of issuance of Rule this Court directed the learned Magistrate to proceed with the proceeding as usual, which is still pending. 14. In the result, the Rule is made absolute. Both the impugned orders passed by the Additional Sessions Judge are hereby set aside. The..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... Md. Shamsul Hoque. AdvocateâFor the Petitioner. Md. Jamil Akhter Elahi, Assistant Attorney-GeneralâFor the State. Criminal Revision No. 757 of 2001. Judgment Md. Imman Ali J. - This Rule was issued upon an application filed under section 439 of the Code of Criminal Procedure callin......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....AdvocateâFor the Petitioner. Md. Shaflquel Islam Siddique, AdvocateâFor the Opposite Party No. 2. Criminal Miscellaneous Case No. 4846 of 2004. Judgment Sharifuddin Chaklader J.- This Rule was obtained for quashment of the proceeding of CR Case No. 85 of 2003 pending in the Court of ......nd 51 DLR (AD) 14 where the matter is in seisin of the civil Court, no criminal proceeding can be continued on the said allegations. We find substance in this Rule. In the result, the Rule is made absolute. The proceeding of CR Case No. 85 of 2003 pending in the Court of Magistrate, First Clas..Category: Criminal Law | Date: | Hits: 46
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....ilur Rahman with Rubaiyat Hossain, AdvocatesâFor the Petitioner. Eaqub Ali Howlader, Advocate-For the Respondents. Writ Petition No. 6761 of 2001. Judgment Afzal Hossain Ahmed J. - This Rule Nisi was issued calling upon the. respondents to show cause as to why the impugned Judgment and......missing a worker for misconduct. 13. In view of the facts and circumstances of the case and also of the decisions referred to above we find merit in this Rule. 14. Accordingly, the Rule is made absolute without any order as to costs. 15. The impugned Judgment and order dated 17-9-2001 pass..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
.... Trade Marks Appeal No. 12 of 2000, by referring to the statements made in paragraphs 6, 7, 8 and 9 of the affidavit filed in Opposition Case No. 1530 of 2000 under section 15(2) of the Act, 1940 and Rule 30 of the Revised Trade Marks Rues 1963 submitted that the opponent categorically stated that t......s 25, 18379 in Class 26 and 18380 in class 28 and the above registrations have been renewed and they all are in force. By virtue of the said status of the said trade mark, the opponent has become the absolute owner of the said trade mark and nobody else in Bangladesh has any right to use the said tr..Category: Intellectual Property Law | Date: | Hits: 189
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....assed by the learned Joint District Judge, First Court in Title Suit No. 2 of 2003. 15. Against the aforesaid judgment and decree dated 15-7-2004, the petitioner moved this Court and obtained this Rule. 16. Mr. JN Deb on behalf of Mr. Mahbub Ali, the learned Advocate for the petitioner, submit......78 acres of land out of 4.48 acres of land and that judgment of the Court of appeal is not a proper judgment of reversal. 42. So, we find merit in this Rule. 43. In the result, the Rule is made absolute without any order as to costs. The judgment and decree dated 15-7-2004 passed by the learne..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ner. Md. Taherul Islam, AdvocateâFor Opposite Party No. 1. Fahima Nasrin, Deputy Attorney-GeneralâFor the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J. - This Rule arises out of an application filed under section 439 of the Code of Criminal Procedure, calling......iod of probation, which will allow also for his rehabilitation as an honest, industrious and law-abiding citizen, as is the intent and purport of the Ordinance. 13. In the result, the Rule is made absolute in part with modification of the conviction and sentence of the accused petitioner. 14. ..Category: Criminal Law | Date: | Hits: 97
....ma, AdvocatesâFor Respondent No. 3 (In both the Writ Petitions).
Writ Petition No. 6822 of 2001 with Writ Petition No. 9 of 2002.
Judgment
Tariq-ul-Hakim J. - In Writ Petition 6822 of 2001 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order (A......ng challenged under section 25(1) (b) of the Employment of Labour (Standing Orders) Act, 1965.
28. Accordingly, in view of the matters stated above, both the Rules have substance and they are made absolute without any order as to costs.
29. The impugned order of transfer dated 24-11-2001 passe..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....m, Assistant Attorney-GeneralâFor the State. Criminal Revision No. 1985 of 1991. Judgment Md. Anwarul Haque J. - On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Kishoreganj as well as the opposite party No. ......ded by the appellate Court but not prescribed by section 471 of the Penal Code is to be reduced from five years to one year only on the ground, discussed above. 25. In the result, the Rule is made absolute in part. 26. Accordingly, the punishment awarded to the petitioner under section 471 of ..Category: Criminal Law | Date: | Hits: 60
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