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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. ......gal and, as such, the same is not sustainable in law. Both the accused Khalilur Rahman and Habibur Rahman acxted in their individual liability, as such, each of them is liable to account fror his own action. The wounds alleged to have been committed by accused Habibur Rahman on Sikim Ali as appears ..

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. ......s case. By letter dated 24‑12‑02, issued by the office of the Hon'ble President, as evidenced by Annexure 'E', the letter was sent to the Ministry of Home Affairs for taking necessary action on the application. However, having not received any response in respect of the aforesaid app..

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.   ......was filed. 3. The suit was contested by defendant No.2, who is the present petitioner, by filing written statement stating that the allegations made in the plaint are false, there is no cause of action, the suit is not maintainable and the suit is barred by limitation. It was further asserted t..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......f the Magistrate to act under section 145 CrPC is ousted. In such case, if any law and order situation arises involving the disputed landed property, the only course open to the Magistrate is to take action under sections 107/117 of the Code of Criminal Procedure to prevent apprehended breach of pea..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... January 4, 2005. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Section 95 and 95A  President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for r..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

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.   ......f the Arms Act. He has further contended that no notice had been served upon the petitioner asking him to show cause why the licences of the firearms of the petitioner should not be cancelled and the action of the respondent in cancelling the licence of the petitioner by general notification is mala..

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

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... No. 1043 of 1999. Judgement Shah Abu Nayeem Mominur Rahman J.-This Rule was issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......on and registration of the lease deed she was served with impugned letter dated 02,01,1993 cancelling the allotment. 6. The main thirst of the submission of the learned Advocate-on-Record is that action in allowing extension by the Government of the period for payment of the installment by the w..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......ie correct. On receipt of this report the Chief Metropolitan Magistrate forwarded the case record including the inquiry report to the respondent No.4, Metropolitan Sessions Judge for taking necessary action. The Metropolitan Sessions Judge being prima facie satisfied took cognisance of the offence u..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......earched and try to recover her and thereafter he filed the instant petition of complaint. The Magistrate sent the petition of complaint to the Office-in Charge of local police Station for necessary action and accordingly the instant case started under the Nari-O-Shishu Nirjatan Damon Ain, 2000. T..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ......ot a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law. The instant Writ Petition is quite maintainable. Government action must be passed as per law and the law itself must be reasonable and fair with reference to so..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ......ired or right of property………….. (20) The term licence has been defined in section 60 of the Easement Act. A licence to property is based on trust which makes the action lawful, which without it, would have been unlawful. Therefore, licensee means, in essence, po..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......f 19337 read with the provisions of section 50 of the Waqf Ordinance, 1962, no suit could be instituted under section 64 of the Ordinance by the Administrator of Waqfs in that the remedy against such action lies under section 50 of the Ordinance by the Administrator of Waqfs for a decision regarding..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774.       ......ication for a mandatory injunction for restoration of possession claiming that on 12‑4‑99 the defendant dispossessed her from the suit land. On 21‑4‑99 she also made an application for taking action against the defendant for violation of the, order of status quo dated 5‑4‑99. The applica..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......09;section (7) of section 5 of the said Act giving notice of the acquisition of the land was ever made. The acquiring authority as also required under sections 5(3) and 5(7) of the Act failed to take action in accordance with law by publishing gazette notification thereby depriving the respondent of..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......t him behind the bars. D. Death sentence imposed upon him to be executed in terms of the Judgment recorded in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....am Sarker & others................Respondents   Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11  Cause of action is bundle of facts and for the ascertainment of the cause of action Court is requi...... & others................Respondents   Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11  Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to re..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......rpose of facilitating the institution of such suit, issue directions in the nature of temporary injunctions, under Article 226 of the Constitution. The language of Article 226 does not permit such an action."  6. Mr. T. H. Khan, the learned Counsel appearing, for the respondent, has, however..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ability of the writ petition, the High Court Division upon referring to the provision of Article 31 of the Constitution held "This article specifically provides for the protection against any action detrimental to his reputation. The impugned Memo may be detrimental to the reputation of the ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......ointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competent to question the legality of such action……………………(8)  Lawyers Invol..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259