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

....eased fell down by the side of the western door of the southern verandah. She did not give distance of the place where the deceased fell, from the place she was standing with the hurricane in her land. There­fore, witnessing the appellants to stab the de­ceased by P.W.1 by the light of the hu......Judgment AKM Fazlur Rahman J.-This appeal preferred by convict appellants (1) Jabbar, (2) Rafiq Mia, (3) Tuku and (4) Kibria Sheikh is directed against the judgment and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants und......them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further rigorous imprisonment for two years. 2. Short prosecution case is that on the night following 22.1.1996 informant Sakender Ali and his second son deceased Salam were......………………………………………….Respondent Judgment October 18, 2005. Result: The Appeal is allowed. Lawyers Involved: Syed Mizanur Rahman, Advocate-For the Appellants. Parvin Hannan, Assistant Attorney General-For the Respondent. Crimina..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

.... law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by t......e is also Reported in: 27 BLD (HCD) (2007) 216. ......over possession of the said newly constructed Central Bus Terminal upon the said lease-hold land covered under the lease deed marked Annexure-J(i) and since then has been managing ail the affairs of that Bus Terminal. After taking lease of the said land petitioner got the jama of that land mutated i......bsolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with Farid Uddin Khan, Assistant Attorney-..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....ople's Republic of Bangladesh issued "Request for Proposals" (hereinafter referred to as RFP) (Annexure-C to the writ petition) for installation of 3 lac Public Switching Telephones commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as ME A). Accord......nt for our interference. The petition is, accordingly, dismissed. Ed. ......4 (Annexure-A and A-I respectively to the writ petition). 2. The petitioner moved the High Court Division under Article 102 of the Constitution impugning the aforesaid Memos stating, inter alia, that the petitioner is a company incorpora­ted under the Companies Act, 1994. On 22-11-1998, the Min...... Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....ing the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7) Since the possession of the land had already been delivered to the requisitioning body the requisi­tioned land is not liable......er as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ......Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect. 2. The relevant fact for the purpose of disposal of the Rule is that the petitioners’ late father Md. Abed was the owner of 0.80 acres of land of CS Plot, No.6...... Md. Ashfaqul Islam J ASM Anayetullah & others.............................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors............................................................Respondents Judgment August..

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... 15 BLT (HCD) (2007) 156. ......and of no legal effect. 2. In this petition constitutional and consequent legality of Gram Sharker Ain, 2003 (Act VI of 2003) (the 'Act' in short) is under challenge. It is stated in the petition that the pre-amble and other provisions show that the Act created an organization which is apparently......esented by the Secretary, Ministry of Local Government, Rural Development and Co­operative 44 DLR (AD) (1992) 319; A.G.V.H.R.H. Prince Ernest Augustus of Hanover, (1957) 1 All ER 49 (HL); Oliver Ashworth (Holdings) Ltd. Vs. Ballard (Kent) Ltd., (1999) 2 All ER 791; Burakar Coal Co. Ltd. Vs. Union o..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)

.... in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declara­tions that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectivel......din and others...........................Respondents   Judgment August 2nd, 2005  Lawyers Involved:  Tafailur Rahman, Advocate, instructed by Sufia Ahmed, Advocate-on-Record—For the Appellants.  Akram Hossain Amin, Advocate-on-Record—For the Respondents.&nbs......its.  3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declara­tions that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in kh......ktaruddin and others...........................Respondents   Judgment August 2nd, 2005  Lawyers Involved:  Tafailur Rahman, Advocate, instructed by Sufia Ahmed, Advocate-on-Record—For the Appellants.  Akram Hossain Amin, Advocate-on-Record—For the Respondent..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......64, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance underneath the law was equally adhered to. There must not be any reason of doubt as to the truth of the statements, be ...... Judgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but a......gment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also wheth..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....ed 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two sto­ried building which belonged to one Rajesh­war Saha, father of defendant No. 1......D) 345. ...... leave is directed against the judgment and order dated 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two sto­ried building which belong...... dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005. Result: The Appeal is allowed. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)

....the plaint, we are of the view that insertion of the facts sought to be inserted will not change the nature and character of the suit, which is a suit for specific performance of contract for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court ...... Supreme Court  Appellate Division  (Civil)  Present:  Md. Ruhul Amin J  MM Ruhul Amin J  Md. Tofazzul Islam J  Saeeda Yasmin and others..............................Petitioners Vs.   Capital Service Center Ltd an...... The Code of Civil Procedure, 1908 (V of 1908), Section 115  Judicial order of a court should be speaking assigning the reason of arriving at the decision taken. In spite of that even if the order itself be not elaborate or speaking but if the decision is taken is proper, th......of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment.  Accordingly the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......etariat Building, Ramna, Dhaka and others…………………Respondents Judgment June 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard i......uperintendent of the said Madrasha on 22.12.2001. The petitioner joined the Doho Shuho Dakhil Madrasha on 23.12.2001 as the Assistant Superintendent and since then the petitioner has been working in that capacity. Subsequently the respondent No.3, Deputy Commissioner, Panchagarh issued a letter vide......and others…………………Respondents Judgment June 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....it No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewl...... Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full­ fledged tenant with a......ther Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre ......ourt Division (Civil Revisional Jurisdiction) Present: MM Rahman Bhuiyan J Golam Hossain Sikder (Md.) and others................Petitioners Vs. Deputy Commissioner & ors.............................Opposite Parties Judgment June 19, 2005. Result: ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....elecommuni­cation Policy and the law in arbitrary exercise of the statutory powers. 30. He submitted that upon receipt of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received ......such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......2. Pending hearing of the Rule, the respondents were directed to allow the petitioners to import telecommunication equipment, and operate and broadcast through satellite system. 3. It is stated that the petitioner No.1 Jamuna Television Limited is a Private Limited Company, which was duly incor......cence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act a..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....t of co-convict Md. Belal being a minor, prosecution could take step for his trial under The Children Act and prosecution remained silent and allowed co-convict Md. Belal to be tried under Law of the land by Court of Sessions and not by a Juvenile Court and it did not lie in the mouth of prosecution......LR (2005) 513.   ......tay on fourth floor of a building at Uttar Bashabo. On 2‑12‑1992, day of incident, Noor Mohammad, driver of Mahbubuddin approached HR Khan at his Rajarbagh residence and communicated information that Nilufar had been murdered. HR Khan at once rushed to the crime flat/house and saw Nilufar dead t......s. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DLR (SC) 216; Muslimuddin and others Vs. State, 1987 BLD (AD) 1 = 38 DLR (AD) 311; Mani Mohan Ghose Vs. King Emperor, 35 CWN 623; Maharaja of Kolhapur Vs. S Sundaram Ayyar and others, 1925 Madras 497; Nurul Huq and..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711.     ......h J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Comilla in Special Case No.118 of ......shy;under to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 3 (three) months more. 2. Prosecution case, in short, is that Nasim Ali District Anti-Corruption Officer, Chandpur lodged an ejahar on 28‑12‑1993 with Mat......llip;…………………Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-General- For the Respondent-State. Criminal..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

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. ......that neither the number of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insiste..............Opposite Parties Judgment May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It is the quality tha...... May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... owns about 20 industrial units. The petitioner No.1 company for the purpose of constructing the said unit of modern multi‑storied residential-cum­-commercial complex purchased 2500 decimals of land in CS khatian Nos.221, 208, 422, 85, 62,101, 174, 210, 82 ka, 48‑52, 54, 165, 179 and CS plot......ajdhani Unnayan Kartripakkha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. ......ugned memo shall not be declared as violative of the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incorporated under the Companies Act, 1994. The......ha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers Involved: ..

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

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....8209;9‑1984 respectively at Dhaka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In com...... In the result the appeal is dismissed without any order as to costs. Ed. ......in CJ MA Aziz J Amirul Kabir Chowdhury J  Bangladesh represented by the Ministry of Works & ors …...... Appellants    Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......pellate Division (Civil)  Present: Syed JR Mudassir Husain CJ MA Aziz J Amirul Kabir Chowdhury J  Bangladesh represented by the Ministry of Works & ors …...... Appellants    Vs. Nasima Khatoon and oth..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

....udgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the respondents should not be directed to handover the vacant possession of the land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the new Govt. High School......of Bangladesh, Represented by the Secretary, Ministry of Education and others…………………….Respondents Judgment May 3, 2005. Result: The Rule is made absolute. Case referred to- Porimol Kumar Dey and others Vs. D.C. Bakerganj and others, 19 DLR 210. ...... of 1979. In the aforesaid Writ Petition another Bench of this Court comprising of their Lordships Mr. Justice Shahabuddin Ahmed and Mr. Justice Abdul Matin Khan Chowdhury came to a clear finding that there is no valid requisition of the property and consequently the notice for its acquisition ......nted by the Secretary, Ministry of Education and others…………………….Respondents Judgment May 3, 2005. Result: The Rule is made absolute. Case referred to- Porimol Kumar Dey and others Vs. D.C. Bakerganj and others, 19 DLR 210. Lawyers Involved: ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....sconduct on the part of the accused. It was further alleged that the accused disbursed and invested in their sweet will against twenty four leading business companies without taking any mortgage of land from them by violating the rules and circulars causing loss for TK. 1,61,500/-. Thus the accus......€¦..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: The appeal is dismissed.   Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 4......nj in Special Case No.17 of 1989 acquitting the accused respondents from the charge under section 409 of the Penal Code and section 5(2) of Act II 1947. 2. The prosecution case, in brief, is that on 13.11.1989 the appellant as complainant filed a petition of complaint in the Court of Senior...... Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For the respondent. Criminal Appeal No.67 of 1993. ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....of occurrence while the victim informant was 20 years of age. She became pregnant by his brother‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the......nt Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8­-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in short, Tribunal) Rangpur in Nariâ......‘in‑charge of Mitapukur police station. There it was registered as Mitapukur PS Case No.25 dated 19‑8‑2000 treating the complaint petition as a first information report. It was alleged therein that both the informant and the jail appellant Sohel Rana were neighbours. The jail appellant used to...... 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- For the Respondent. Jail Appea..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1