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Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....on for Bangladesh and Article 119 of the Constitution speaks of the function of the Election Commission and the Election Commission has the plenary power of superintendence, direction and control for holding free fair and transparent election. He further submits that when a power is giving...... learned Counsel appeared in the matter and supported the case of the petitioner. The learned Deputy Attorney-General appearing for the state however submits that since no notice was served upon the government they have no instruction in the matter. However he prays for time but this Court does not ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
....ion
of justice or operation of any Court of law in Bangladesh or to restrict or
limit access of all persons to the Court, their administrative officers and their
precincts and from bringing out or holding any procession Rally or human chain or
sit-in-strike in the Supreme Court premises or any C......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... injuries from the attending doctor lodged the first information report. 3. On the basis of such allegations Kushtia PS case No.11 dated 4‑3‑1993 was started. The investigating officer after holding investigation submitted charge-sheet against the opposite party No.1 Akram Sheikh @ Akram an......e was injured below his knee. Thereafter, he assisted him to go home and poured water on his head. Thereafter, he was shifted in the Kushtia hospital for treatment. He is student of I Com in Kushtia Government College. He denied the defence suggestion that he did not give the statement to the instig..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....sed the said decision and found that the same arose out of conviction and sentence by the Session Judge duly affirmed by the High Court Division and that the proceeding was quashed by this Court holding that the conviction was based on no evidence and accordingly allowed the appeal. The applica......the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule which should govern the exercise of this inherent jurisdiction. The exercise of this jurisdiction will depend..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. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ot having challenged the said Rules as ultra vires the Constitution and the grievances raised in the writ petitions are regarding seniority in the service, the High Court Division erred in law in not holding that the writ petitions are not maintainable. The learned Counsels further submitted that th......Commission on those dates and came out successful. Because of their success at their first appearance before the Commission, the service of all writ petitioners were regularized on 9.3.1979. The Government on the recommendation of the Council Committee and in consultation with the PSC issued..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....t for our perusal. It appears that except memo dated 27‑3‑1986 issued by the Administrative Officer, Mohammadpur Housing Estate, Dhaka acknowledging payment of the lease money of the case holding other documents were filed along with application under section 7 of Ordinance 54 of 1985 by......him for a period of 99 years and on which he built one room. In compliance with the registered standard agreement for lease dated 5‑4‑1960 Shamsuddin Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 1‑11‑1963 with ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....f the
petitioners, briefly, be put thus:-
The father of the
petitioners Alhaj A.M. Sharfuddin (now deceased) was the owner of 0.34 acres of
land along with a two storied building at Municipal holding No.2, K.P. Ghosh
Street, Armanitola, Dhaka. Thereafter Alhaj Sharfuddin died on 5.8.81 leav......
(Special
Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed
J
Jahangir Mohammad
Adel and two others…………………Petitioners
Vs.
Government of
Bangladesh, Represented by the Secretary, Ministry of Education and others…………..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
.... 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. The Tribun......ant case the complainant M Moinul Khan filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was f..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
.... was not required to furnish security "on a previous application made by him in this behalf, for the performance of the decree or compliance with the judgment" the High Court Division was in error in holding that as the petition was filed by the appellant seeking setting aside of the ex parte decree......nd his knowledge and as such he has no objection if the suit is decreed. 5. It was asserted by the defendant No.2 in his written statement that defendant No.1 is a doctor in the service of the Government and by a Power of Attorney executed on 13-02-1985 the defendant No.1 appointed him attorne..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... been annexed as Annexures A and B to the writ petition. 3. The applications for addition of parties, Md. Ziauddin and three (3) others, are residents of 104 BCC Road, contiguous building to the holding Nos.105 and 106 BCC Road of the writ petitioner. It has been contended that at the instance ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
.... south‑facing dwelling hut and by pressing her mouth committed rape upon her against her will. At the end of rape when she started weeping he rubbed his hands on her head and tried to pacify her by holding out many allurements. He consoled her by saying that he would marry her and would take her t...... April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....e himself took up inquiry into the case, went to the place of occurrence, prepared inquest on the dead body of victim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of the victim was due to shock as a re......ht of occurrence on 8‑2‑1994 or that the accused knows nothing regarding the death of his wife. He further denies the defence suggestion to have submitted charge-sheet in the case on being gained over by the father of the victim. 15. P.W.2 Eku Mollah hails from the same village with the acc..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....matter and for rectification of bills and a copy of which was also served on other respondents. Though the respondents received the copy on 22‑5-2001, they turned a deaf ear to the request for holding enquiry and for rectification of the telephone bills. On 27‑5‑2001, respondent No.7 sent......cial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 20..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
.... of abandoned buildings published in the Bangladesh Gazette on the 23rd September, 1986 under Ordinance No. 54 of 1985. The respondent then filed. Case Nos. 1084 of 1987 and 183 of 1988 in respect of holding Nos. 426 and 427 respectively before the Court of Settlement which dismissed both the cases ...... 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
.... on June 27, 1997 and thus the application for revision of the award was hopelessly barred and as such as the arbitration case was not maintainable. 6. The arbitrator filed dismissed the case holding that the compensation assessed is valid, that the petitioners have not proved either by oral......olute on the findings that from the materials on record it appear that notice under section 6 of the Ordinance was served on the persons who were interested in the acquired land as per record of the Government office and since in the record of the Government names of the petitioners, herein appellan..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....on under section 561A of the Code of Criminal Procedure for quashing the proceeding of Motijheel P.S. Case No. 26 dated 9.4.1994 and a Division Bench of the High Court Division quashed the proceeding holding, inter alia, that the F.I.R. was lodged five years after the installation of the machineri......-key basis, that since the company has filed a suit against the petitioners firm for compensation in 1993 the subsequent criminal proceeding is nothing but a harassing policy. The High Court Division over looked the simple fact that the F.I.R. on the face of it discloses a criminal offence and the c..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
..... 4. In support of the appeal Mr. Subrata Chowdhury, learned Senior Advocate, placed the impugned decision and submits, inter alia, that the High Court Division committed error in law in holding that the deposit for security for cost of the election petition made by the Advocate of the ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....icant preferred Income Tax Appeal No.4502 of 2002‑2003 before the Taxes Appellate Tribunal and the Tribunal upon hearing the parties was pleased to dismiss the appeal by order dated 16‑7‑2003 upholding the order of Appellant Authority and confirming the order of assessment of the Deputy Commis......d the file of the assessee applicant and arbitrarily assessed Taka 5,40,00,000 (Taka five crore forty lac) as income from other sources under section 19(5) of the Income Tax Ordinance, 1984. Moreover the said amount admittedly was not in existence on 30‑6‑2000 in the account of the assessee..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....or infact there in any material of the same and as such after the election result being announced and published in the official gazette on 12.05.2004 the High Court Division committed error in not holding that the writ petition itself was not maintainable. 9. The learned Counsel then......J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
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