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Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....and light are being affected because of unauthorised construction. It is on record that the applicants have already filed a suit being Title Suit No.32 of 2004 pending before the 6th Assistant Judge, Dhaka, praying for permanent injunction to restrain further construction on the holding Nos.105 and ......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

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

....such, out of obligation he deposed before the Court. It is further submitted that P.W.3 stated the place of occurrence is at Tangail‑Mymensingh road but P.W.2 stated that the place of occurrence is Dhaka‑Tagnail road; that the P.W.4 victim of the case deposed that on 24‑2‑2004 at about 7‑0......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

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

....t at home in the night of occurrence and that the accused was watching television elsewhere in the night of occurrence and it is also alternatively suggested that the accused was a rickshaw puller in Dhaka and he was there at the relevant time. 8. The learned Additional Sessions Judge, on consi......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

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

.... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar Ansari………...Respondent. ......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. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 9064, 8038 and 4275 of 2002). Judgment Amirul Kabir Chowdhury J.- The State represented by the Deputy Commissioner, Dhaka seeks leave to appeal against the judgment and order dated 18‑7‑2004 passed by a Division ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

....fter liberation of Bangladesh miscreants  dispossessed the plaintiff and the property was declared as abandoned property on 2-5-1972, the plaintiff applied to the Sub-Divisional Officer, Sadder, Dhaka for release of the property, again on 6-1-1982 he applied to the Sub-Divisional Officer for re...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

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

....estion the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of 1969 arising out of D.A.B. G.R. Case No. 40 of 1994 and Motijheel P.S. No. 26, 9.4.1994 pending in the Court of CMM Dhaka. 2. Samir Kumar Mukherjee, Anti-Corruption Officer, Bureau of Anti-Corruption, Dhaka lodge......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

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....sion being order dated 30.4.2002 passed in Election Petition No. 6 of 2001.  2. The facts, in short, are that the appellant contested the election to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st October 2001 and the respondent No......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

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

....ellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil Appeal No. 230 of 2004) Vs Afza......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)

....who was under treatment as indoor patient from 3‑7‑1983 to 13‑7‑1983 and his signature therein as marked 2/2. He further deposed that he referred the patient to the Chest Hospital, Mohakhali, Dhaka where he remained for some days for treatment.  24. From the evidence of the P.Ws. d......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)

.... Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.31 of 2004 arising out of Tongi PS Case No.07 (05)04, corresp......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

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

....d on 19‑2‑1995, as evidenced by Annexure A to the writ petition, and that on 9‑7‑1995 he submitted an application to the then Chief Engineer, Housing and Settlement Directorate, Segunbagicha, Dhaka, for payment of his pension and 80% of his gratuity and said application was forwarded to the ......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

Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)

....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ..

Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

....urt Division in Civil Revision No.446 of 2000 making the Rule absolute which was obtained against the order dated November 9, 1999 of the 4th Court of Subordinate Judge (now Joint District Judge), Dhaka passed in Title Suit No. 183 of 1997 rejecting the application filed by the defendant No.52 t.......  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. ..

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

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

.... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka…………………………………………………………………………………........ 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

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

....South-west Zone 36 Feeder Sarak Nirman (ADP-31) in which petitioner's work falls therein as Serial No.26 under Gopalganj Division in the financial year 2002-2003, that the Roads and Highway Division, Dhaka, allotted total Tk. 6,00,00,000/- (six crores) for the total 36 sub-projects and the petitione......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..

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

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

....on No.305 of 2003 heard analogously with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring the suit to its or...... 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

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

....adesh 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=9BLC (AD) 51; Bangladesh, represented by the......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

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....f 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No. 2, Dhaka passed in Title Appeal No. 17 of 1986 dismissing the same upon affirming the judgment and dec......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. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

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

....t of the year 2002. It has further been stated that on hearing the same the petitioner obtained certified copy of the judgment and decree of both the Courts below on 22‑8‑2004 and sent his son to Dhaka for filing Revisional application against the impugned judgment and decree and in this way a d......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.   ..

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