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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. ......is share. Moreover conduct of the defendant clearly demonstrates that once he is allowed to make construction on the land in excess of his share he would be going on dragging the suit for uncertain period and would cause prejudice and unfold misery to the plaintiff…………..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

.... admittedly the work order was issued in favour of the petitioner contained in Memo dated 12.6.2002 he being the highest bidder and that he completed the work within the specific period of 30 days as stipulated in the work order to the satisfaction of the Executive Engineer, Gopalganj and others, as......ways, Barisal Zone, Barisal but due to the resolution dated 30.9.2002 (Annexure F-1) and the letter dated 27.01.2003 (Annexure-H), the payment due to the petitioner had been held up for an indefinite period. 5. Being aggrieved for the non-payment of the bills for the project completed by the peti..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

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

.... 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. ......; 8. We have considered the submissions made at the Bar and perused the materials on record. From the materials on record it appears that the respondent went on training during the relevant period and as such Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Barisal Sada..

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

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. ......ions 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a further period of 2(two) years. 2. The prosecution case, in short, is that P.W.1 Md. Hanifuddin lodged ..

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. ...... respondent Nos.1 and 2, submits that the impugned order was passed in accordance with law. He further submits that the petitioner was unsuccessful in passing several subjects during his probationary period. He also submits that the petitioner absented himself from the course by way of casual leave ..

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.   ...... property in favour of defendant Nos.1 and 2 on 29‑7‑69 at Taka 500 with a condition for reconveyance and on the same day they executed an agreement for the purpose and the agreement stipulates a period of 12 years. The plaintiff then filed Miscellaneous Case No.3140 of 1973 for redemption and t..

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

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......ubmits that he has explained the reasons for delay in paragraph No.6 of the application and the said delay should be condoned in view of the provision of Article 181 of the Limitation Act providing a period of 3 years for making such revisional application as there is no specific period prescribed f..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......ey moved this Court on 17‑8‑2002. This date is very important for disposal of the Rule. At the time of issuance of the Rule, this Court stayed the proceeding of the aforesaid case, at first for a period of 3 months, thereafter on 11‑11‑2002, the order of stay was extended till disposal of th..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

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. ...... 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 reconveyance was over prior to ..

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

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....o which the licence had been granted. It is further noticeable that there is no clear indication in rule 42 of the Arms Rules, 1924 that for not having the licence renewed within the calendar year or stipulated time the licence will be cancelled……..(8 & 9) Cases Referred to- ......und that the licence fees having been paid after cancellation order withdrew the cancellation order. Further contention is that the respondent licensing authority renewed the licence and extended the period of licences of the petitioner for 6 years, 3 years at a time and thus the respondents represe..

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. ...... respondent Nos. 2, 3 and 4 are directed to collect the samples of edible salt put in the market for sale for general consumption and to submit analysis reports of such salt twice a year i.e. for the period ending on 30th June and 31st December, respectively, to the Registrar, Supreme Court of Bangl..

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)

....egality of the said letter. The petitioner as writ respondent No. 1 contested the rule filing affidavit-in-opposition stating, inter alia, that the writ petitioner failed to pay the salami within the stipulated time and hence the allotment was cancelled. It was further averred that extension of time...... with industrial Plot No. 5, Tejgaon industrial Area, Dhaka by letter dated 02.01.1993 and that she was asked to pay 25% of the salami within one month. Being unable to make payment within stipulated period she prayed for time and the Government extended the time for making payment of the amount w..

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

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......s a nullity.   5. Mr. Abdur Razaque Khan, learned Additional Attorney‑General appearing on behalf of the State, opposes the appeal and submits, inter alia, that during relevant period section 6(IA) of the Criminal Law Amendment Act of 1958, hereinafter referred to as the Act, ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ......perly served with notices of the suit. In the event that the petitioner was not served with the notices of this Court, the fact that the application for restoration was not filed within the statutory period of limitation is of little conse­quences. In this regard, I may take support from the dec..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

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. ......n of the petitioner by the respondent Nos.5 and 6 was not immediately produced before the Magistrate and as a result the said amount was not deposited with the treasury until 12‑1‑03 i.e. after a period of 20 days from the date of seizure. This fact along with other factum of the case as stated ..

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

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

....d on 14.9.2002 by the Mokshedpur Thana Police and for the first time came to known about the proceeding and conviction. The trial held in absentia. The petitioner could not prefer appeal within the stipulated period of time and as such he was compelled to file this application under section 561A......002 by the Mokshedpur Thana Police and for the first time came to known about the proceeding and conviction. The trial held in absentia. The petitioner could not prefer appeal within the stipulated period of time and as such he was compelled to file this application under section 561A of the Cod..

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

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......ed Partha had already been taken on police remand twice in connection with Dhanmondi PS Case No. 61 dated 29-8-2004 and once in connection with Motijheel PS Case No. 97(8) 2004 (Bomb Blast Case), the period of which is yet to be over, as it appears from the submission of the learned Counsels. Yet th..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

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. ......ade huge investment, the withholding of permission by the respondents is illegal, without lawful authority and is of no legal effect. He further submits that withholding of any decision for such long period of time is illegal, without lawful authority and is of no legal effect. 6. As against th..

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

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ...... information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980 to 15‑5‑1984. In due course the investigating agency, ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nbsp;                                 ......২১১ dated 24‑7‑2003 (Annexure-R). 3. Being aggrieved, the petitioner obtained the present Rule. At the time of issuance of the Rule the operation of the impugned order was stayed for a period of 4(Four) months which was extended from time to time 4. It appears that the copy of th..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3