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M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

.... submitted by the learned Magistrate, 1st Class, Sylhet and directed the learned Additional District Magistrate, Sylhet to make inquiry into the case and submit the report by 30-6-2004. It is further stated that the learned Additional District Magistrate, Sylhet filed an application praying for reli......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

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

.... Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam 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. ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ..

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

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....endant No.2 defaulted in the payment of rent from April 1985 beyond his knowledge and as such he has no objection if the suit is decreed. 5.  It was asserted by the defendant No.2 in his written statement that defendant No.1 is a doctor in the service of the Government and by a Power of Attorne......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

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

....s, accused Montu also gave chapati blow aiming at his head whereby he was also seriously injured. Thereafter accused Sayed and Iman Ali injured him by their respective kiris and ramdao. It is further stated that accused Montu again attempted to shoot him by pistol, then Shibli Sadik ran away and too......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

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

....of the Jetha (father's elder brother) of the jail appellant on 27‑7‑2004 in the afternoon. The jail appellant admitted the affair but refused to marry her. So, she lodged the case. 4. As stated earlier, on the basis of the aforesaid allegation Mitapukur PS Case No.25 dated 19‑8‑2000......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)

....ondemned accused Rafiqul Islam Mollah for the offence under section 302 of the Penal Code in Sessions Case No.32 of 1997 by the learned Additional Sessions Judge, Gopalganj. 2. Prosecution case, stated briefly, is that Salma Begum, daughter of Pachu Sharif of village Choto Bahirbap PS Kashiani ......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

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

....have been falsely implicated in this case. 5. After conclusion of the prosecution evidence both the accused appellants were examined under section 342 of the Code of Criminal Procedure and their statements were accordingly recorded. They again pleaded not guilty and declined to adduce any witne......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

Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....f the impugned letter vide Memo No.1038‑R/6/7N-73/2003 dated 17‑12‑2003 issued by the Deputy Secretary (Competent Authority), Ministry of Law, Justice and Parliamentary Affairs. 2. Briefly stated, the facts are that the petitioner was enrolled as an Advocate by the Bangladesh Bar Council ......date of receipt of this Judgment to be effective from 9‑12-­2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602.       ..

Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4

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

.... (1) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (hereinafter referred to in brief, the Ordinance) was served on the person interested on April 24, 1993. In the aforesaid state of the matter the appellants filed the aforementioned Arbitration Case No. 80 of 1997 on June ......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 Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....thereby committing the offence alleged against them. 7. Mr. Amir-ul Islam, learned Senior Advocate appeared in Criminal Petition No. 55 of 2005 and 56 of 2005 and submits that in the comparative statement as has been prepared by the tender committee it was found that the lowest tenderer Calcut......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

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

....Petition No. 102 of 1999) Criminal Appeal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instance of the state calls in question the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of......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)

....quot;(1) Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of Court, defamation or incite...... 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

Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....nder section 19A and (f) of the Arms Act for having in his possession of a pipe gun and 3 live bullets and sentenced to suffer rigorous imprisonment for 14 years and 7 years respectively. It has been stated that after the judgment was. delivered the petitioners were taken to the jail custody and an ......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..

Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a written statement denying all the material allegations brought in the plaint stating, inter alia, that the d......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

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

....respondent No.7 i.e. the appellant and the writ petitioner along with 3 others contest­ed the election for the post of Chairman of Jhalakathi Pourashava held on 09.05.2004. It has further been stated that respondent No.7 (appellant) is a Bank loan defaulter but con­cealing the fact, he p......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)

....udgment and order of conviction and sentence dated 24‑2‑2000 passed by the learned Additional District Magistrate, Sirajgonj in GR Case No.81 of 1983 convicting and sentencing the accused persons stated hereinbefore. 9. The convict-petitioner being aggrieved by the judgment and order dated ......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)

....on witnesses namely, Md. Kamrul Hassan and Md. Hafizur Rahman Habib, in the prescribed column of the witnesses of the charge-sheet on the ground that during investigation they were examined and their statements have been recorded under section 161 of the Code of Criminal Procedure but due to mistake......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

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

....i-storied building as per approved plan of the RAJUK at his own risk. The defendant No.52, in his application seeking permission to build a multi-storied building in a part of the ejmali property, stated that he is ready to give an undertaking to remove the building to be constructed in case the.......  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

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

.... vacated on 28-1-2001. 4. The respondent No. 1 filed affidavit-in-reply denying the claim made by the appellants to the effect that the respondent No. 1 is not a shareholder of the company and stated that even the very contents of Annexure-1, on which the appellants rely, will show that all t......3 of the Companies Act, 1994, seeking, amongst others, appointment of auditors to audit the accounts of the company, since its inception, directions upon the appellant Nos. 2 and 3 for conducting the affairs of the company without discrimination and also, in accordance with the Articles of Associati..

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

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....ribed the suit land in schedule 'Kha' to the plaintiffs suit as a tank consisting of 65 decimals appertaining to CS Khatian No. 1114, plot No, 2808 within Mouza Sherpur, District Jamalpur. That it is stated that the suit land described in the respondents suit being No, 1379 of 1980 is, 65 decimals C......-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. ..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118