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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. ......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. ...... Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Resu..

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

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

....oth of them along with their wives orally gifted all their properties in then East Pakistan to Ali Akbar Ansari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peacef......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. ......he Appellate Division Judgement in Civil Appeal here. Supreme Court Appellate 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 & othe..

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

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)

....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......assed under the Narcotics Control Act. ..

Category: Health Law | Date: 3 Apr, 2005 | Hits: 759

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

....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.       ......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.       ...... Present: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others………………………&hellip..

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

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

....led two other application, one on March 30, 1994 and another on April 5, 1994 but compensation assessed was not paid to them and thereupon the appellants filed Other Class Suit No. 65 of 1995 seeking declaration of their title in respect of 3.20 acres of land which they purchased on January 11, 1979......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. ......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)

....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. ......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. ......5 of 2002, respectively. Hence this judgment shall govern both the aforesaid petitions too. 3.The fact, in short, are that Jalal Uddin Ahmed, Inspector (task force-1) Bureau of Anti­ Corruption, Bangladesh Dhaka lodged a first information report on 11‑12‑2001 against Mohammad Nasim (respond..

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)

.... 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. ...... 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. ......   Appellate Division   (Civil)   Present:   Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibu..

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

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. ......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. ......er for supply of plant, machinery and equipments for setting up of an industry for manufacturing acrylic sheets on Turn-Key basis. Sambo Corporation of South Korea acting through their local agent in Bangladesh Messrs Atlanta Enterprise participated in the tender their bid was accepted, contract was..

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. ......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. ...... (Civil)  Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents  Judgment March..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

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)

.... 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.       ...... has referred to the case of Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others reported in 52 DLR (AD) 82 in support of his contention that a Judge once appointed must enjoy unfettered independence both from within and without in his function as a Judge and once a Judge is appointed h......t High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner Vs. Ekramul Haque Bulbul, reporter of the Daily P..

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)

....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. ......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. ......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Res..

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

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

....ng the loan taken by him from the Janata Bank, Jhalakati Branch, Barisal comes within the mischief of the aforesaid provision of law as to his disqualification to seek the election. Therefore, the declaration of the appellant as elected chairman of the Pourashava is without jurisdiction. The app......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. ...... Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, ..

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.     ......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.     ......is further alleged that Ahsanullah Master was a great organizer of Gazipur District Awami League and twice elected MP in 1995 and 2001 and was prospective candidate in the upcoming National Election. Bangladesh Nationalist Party in order to destroy the Awami League, at the instigation of Central lea..

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.       ......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.       ......o No.অম/অবি/বিধি/পেনশন/à§©-পি-২৬/৯৪/à§§à§­ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the order. 3. No one appears to contest ..

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

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

....nd odd. Hence this Rule. 4. The respondent No.1 entered appearance filed an affidavit‑in‑opposition wherein he has    made out a case that the petitioner imported goods beyond declaration and that he is also guilty of non-obtaining the CRF Certificate for the same and hence t......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)

....gation primarily that construction the defendant allegedly intended to make would block plaintiffs' passage to and from his land The plaintiff, in the case reported in 3 BLC (AD) 78 filed suit for declaration of title to and recovery of khas possession of the land in suit. Therein plaintiff pray.......  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. .......................Appellants Vs. Obaidul Haque and others... ..................Respondents  Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case-  ..

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)

....e Suit No.66 of 1991 in the Court of the Subordinate Judge, Additional Court, Dhaka impleading the opposite party No.1 as defen­dant No.1 and other opposite parties as other defendants praying for declaration that the judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the ...... 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. ......es Judgment February 23, 2005. Result: The rules are discharged. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; M/s. Dulichand Omaraolal Vs. Bangladesh, through the secre­tary, Ministry of Industries and others, 33 DLR (AD) 30; Enemy propÂ..

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)

....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. ......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. ...... Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23,..

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

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

.... 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. ...... 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. ......her two signatories, the company in the year 1995 commenced the project of the aforesaid VIP Tower and opened accounts with different banks at Chittagong namely, Islamic Bank, Chawkbazar Branch, Arab Bangladesh Bank Ltd. CDA Avenue Branch and Al-Arafa Islami Bank, Agrabad Branch and in all the above..

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

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. ...... 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. ......ourt Appellate Division (Civil)  Present: Syed J. R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Government of Bangladesh……….....Appellant. Vs. Md. Abu Bakar....................

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