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Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ...... 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 ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... 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..Category: Criminal Law, Women and Children | Date: 19 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. ......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..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......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..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ...... 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 ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
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. ...... 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..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......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..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....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. ....... 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 ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......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..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
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. ......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..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......gorously contended that order passed by the Tribunal on an application for inclusion of the names of the witnesses in the column of the charge-sheet on the prayer of the investigation officer without holding further investigation is without jurisdiction inasmuch as after submission of charge-sheet o..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......eing no explanation given for non‑payment of the pension and gratuity in spite of the direction given by an interim order by this Court on 30‑3‑2002, we are constrained to hold that the persons holding the office of respondent Nos.2, 3 and 4 respectively on or around 30‑3‑2002, (when the i..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
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. ...... to the plaint. 3. The defendant No. 52 filed an application seeking for an order to allow him to demolish the alleged dilapidated building standing on a part of suit CS Plot No, 306 bearing holding No.32/2 at Malitola Road and to allow him to build up a multi-storied building as per appro..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......learned
Additional District Judge further noticed that the plaintiff must prove fraud
as they pleaded fraud in the plaint and this not having been proved, the trial
court committed error of law in holding that non-joinder of the superintendent,
vested and non-resident property has rendered the..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... 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.
......the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one must be the Chairman and Managing Dir..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......as entitled to get any decree as he prayed for; (vi) Whether plaintiff was entitled to get any other relief. 5. The learned trial Court after taking evidence was pleased to dismiss the suit holding that the Suit was not maintainable in its form and the plaintiff was not entitled to the rel..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......udulent and not binding on the petitioner. The learned Counsel further submitted that the learned Single Judge misconceived the pleadings in the case and also of the decision of the superior Court in holding that the petitioner's suit is not maintainable without further prayer for cancellation of th..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....the subject. 12. Section 106 of the Transfer of Property Act provides that the duration, of certain leases in absence of written contract or local usage, i.e., the lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year terminable, o...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... create illegal obstruction to the possession of the suit land by the plaintiffs". 8. The High Court Division while making the Rule absolute also observed that the courts below were in error in holding that plaintiffs did not get exclusive possession of the land in suit in that the said findi..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
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. ......igning blank stamp paper and some cartridge papers in connection with tenancy agreement remained uncorroborated. 9. The learned Counsel for the appellant submits that facts like, first holding of salish in connection with the ejectment suit as deposed by the DWs 1, 3 and 4; second, ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
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