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

....e jail appellant who had contiguous houses. He did not remember the date of occurrence. At the call of P.W.3 Moklesur he went to the house of jail appellant Sohel Rana and found an assemblage of many persons there. At the query of P.W.7 jail appellant Sohel Rana stated that the occurrence was true. ......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. ......n the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......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. ..

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

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....s wife. It has been held in the case of Al-Amin and 5 others Vs. State, reported in 51 DLR 154, that long abscondence and non-submission to the process of the Court speaks volumes against the accused persons and clearly suggest their involvement in the crime. Abscondence of the accused persons furni......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. ......er 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. ......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. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

....001. A further perusal of the bills reveals that 342 overseas calls were made to Saudi Arabia and the rest were made to other countries. In his objection, the petitioner stated that some unscrupulous persons might have created all the problems and therefore, he prayed for rectification of the bills.......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. ......called and vacated. There is no order as to costs. Ed.     This Case is also Reported in: 57 DLR (2005) 560. ......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. ..

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....aumitra Chakma, P.W.12 SI Nazrul Islam and others surrounded the house of one Yousuf Ali Malitha. At that time the accused appellant Asadul and the accused appellant Mukul Hossain and two non‑local persons were sitting on the verandah of that house. Sensing the presence of the police force two acc......lice personnel and the rest are public witnesses and the public witnesses could not prove the case while the police personnel admittedly, proved the case, It is, probable that they would be otherwise interested and partisan and, as such, their evidence cannot be relied upon and accepted in the facts......end down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ..

Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

.... Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was made and notice thereof was served appellants were not the interested persons, as such, arbitration case filed by them after the expiry of the period of limitation was ba...... Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was made and notice thereof was served appellants were not the interested persons, as such, arbitration case filed by them after the expiry of the period of limita......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......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. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....and the High Court Division was wrong in holding that a civil dispute has been turned into a criminal one the proceeding was instigated by Messrs Tipu Acrylic Industries Limited to harass the accused persons, that before the investigation is completed the proceeding ought not to have been quashed a......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. ......ted in: III ADC (2006) 251. ......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. ..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... 14. It appears that the law of contempt in our country has stemmed from the English Law. The Superior Courts of Record in England have from early times exercised the power to commit for contempt persons who scandalized the Court or the judges. It is a jurisdiction as old as the Common Law itsel...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......s no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....served and two letters returned with remark ‘Not known'. But no one complied with the requests of the letters and, as such, the Deputy Commissioner of Taxes disbelieved the existence of the persons who remitted the Telegraphic Transfer and completed the reassessment on assessing a total in......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. ......lication is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......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. ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....ant as he was a bank defaulter and giving a further direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election. 2. ......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. ...... order complained of are set aside. Ed. ......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. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

.... is t hat on 17‑3­-1983 at about 8‑00 AM when the informant Md. Golam Hossain were cutting, IRRI paddy in the land mentioned in the schedule to the complaint of the informant then the accused persons being armed with deadly weapons entered into the land of IRRI paddy and tried to snatch away......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ...... out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

.... of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examined as prosecutio......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.     ......f our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ......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.     ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....rters and created a reign of terror in the mills by their violent activities. As a result, the management lodged a first information report on 19-3-2001 and started a criminal case against 35 accused persons with Digolia PS including 3 of the said respondents. Thereafter, the said respondents were s......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......he learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

.... There being 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, (wh......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.       ......ervice to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......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.       ..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....nal Deputy Commissioner, (Revenue) has no locus standi to challenge the decree passed in Title Suit No.346 of 1977. The Plaintiff has produced papers showing granting lease of the suit land to some persons including the defendant No.1 but these papers are not sufficient to come to the conclusion ...... 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. ......………………………………………………..Opposite Parties With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka………………………………… Petitioner Vs. Mohammad Shafiqul Haque ...... 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. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....ne fraudulently with the help of the office of the Registrar of the Joint Stock Companies. As a result, amended Articles of Associa­tion remains the same and quorum required is the presence of three persons in the meeting. Since two persons were present in the meeting the resolutions thus adopted a......g him as one of the signatories of the bank accounts of the company and accordingly, the High Court Division, while not entertaining the prayer for rectification of the Articles, was at the same time interested to see that a fair settlement of the affairs of the company is reached but, since the rel...... is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... 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. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... follows :-            "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... appeal is dismissed without any order as to cost.  Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....nce with law for granting allotment of a plot to the petitioner as an effected person. The Rule was opposed on behalf of the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further tha......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......sion of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......ease and restoration of possession of the land to the original owner, the same was included in the list of enemy property in the Tejgaon Police Station VP Case No.566 of 1969 at the behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs......itioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BL......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

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

....ausing bleeding on her face and accused Mannaf Joarder dealt a ‘sorki’ blow on the right hand of the 5th victim Sakaton-Nessa, which caused a bleeding injury on her hand and other accused persons conjointly gave 'lathi', blows at random to the other persons present at the place o......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. ......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......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. ..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....using multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witnesses from surrounding area arrived at the place of occurrence, whereupon the accused persons fled away and police investigated the case and submitted charge-sheet dated 24‑9‑1999 un......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37