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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......case land measuring only 144. sq. yds. could not be valued at Tk. 9,500 on 1‑1‑1963 as the price of land at that time was never so high. Referring to a letter issued by the Administrative Officer (in current charge) of Mohammadpur Housing Estate, Dhaka dated 27‑3-­ 1986, filed ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

....nd others Vs. D.C. Bakerganj and others, 19 DLR 210. Lawyers Involved: Shafique Ahmed with K.M. Hafizul Alam and Mahfuzur Rahman, Advocates - For the petitioners. Syeda Afsar Jahan, Assistant Attorney General - For the Respondents. Writ Petition No.1589 of 1998. Judgme...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......e-"A") derequisitioned the said land and building, directed the occupants, the School Authorities, to vacant the land and building vide letter dated 29.3.1973 (Annexure-"B"). Thereafter the Estate Officer, Government of Bangladesh, in the Ministry of Public Works and Urban Development, directed ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

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

....……………………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney- General with Md. lqbal Kabir, Assistant Attorney- General—For the State. Cr......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. ......ersons on 13-4-2003 but the accused persons failed to give any reply to the said notice. The victim Mst. Parul Khanum tried to lodge first information report with the concerned Police Station but the Officer in- Charge refused to accept the case. Hence the instant petition of complaint before the Na..

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

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

.... 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.  ...... 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.  ......e Court of Senior Special Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Limited, Narayanganj Branch in capacity as manager and officer-in..

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

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

....d March 3, 1999 of the High Court Division in Civil Revision No.4237 of 1998 making the Rule absolute which was obtained challenging legality of the order dated August 24, 1998 of the Court of Senior Assistant Judge, Sadar, Mymensingh in SCC Suit No.12 of 1996 setting aside the ex parte decree dated......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. ......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

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

....rights as to air 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 hol......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ......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)

....e Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md. Shamsul Alam, Advocates‑ For the Petitioners. MU Ahmed, Assistant Attorney‑General‑ For the State. Criminal Revision No.875 of 2004. Judgment ......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.   ......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)

....ri‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment ......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. ......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)

....48 DLR 287; Mobarak Hossain Vs. State, 33 DLR 274; Al-Amin and 5 others Vs. State, 51 DLR 154. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney­-General with Giasuddin Mithu, Assistant Attorney-­General‑ For the State. Shakhawat Hossain, State Defence Lawyer&ndash......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. ......same to Gopalganj morgue through P.W.5 constable Mir Abdul Mannan Molla and another constable Mozammel Huq (not examined) and on receipt of the post mortem report lodged first information report with Officer-in-Charge, Gopalganj Police station to the effect that accused Mr. Rafiqul Islam Mollah had ..

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

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

....sain, Advocate‑ For the Accused-Appellant (In Criminal Appeal No.1381 of 2002). Md. Sharafatullah, Advocate‑For the accused-Appellant (In Criminal Appeal No.1396 of 2002). Rabiul Karim, Assistant Attorney-General- For the State-Respondent. Criminal Appeal No. 1381 of 2002 with Cri......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.       ......ealed the truth. 15. P.W.10 Soumitra Chakma a police constable and P.W.11 Salimuddin were tendered and were not examined by the defence. 16. P.W.12 SI Nazrul Islam, who is the Investigating Officer of the case, has stated in his deposition that he visited the place of occurrence and prepar..

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

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

....lam, Senior Advocate and SM Munir, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Abdur Razzaque Khan, Additional Attorney-General, (with Faisal H Khan, Assistant Attorney-General with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For Res......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. ..

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

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

....€‘7‑1997 inviting objection, if any, regarding the appointment of the petitioner as Notary Public within 14 days of the Publication of the gazette notification. On 8‑12‑1997 the respondent No.4 Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs issued a letter to the petit......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.       ..

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

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

....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. ......Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Mr. Ismail Hussain Posshari and another…………Appellant Vs. District Land Acquisition Officer, Bogra and others…......Respondent Judgment March 28, 2005. ..

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

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

....Aziz J Amirul Kabir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record— For the Peti......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. ..

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)

....ch cannot be twenty two thousand and the suit is undervalued. It was further held that in the absence of a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman was the Assistant Engineer in the Water Development Board but since 1972 he has not joined his post. There i...... 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. ......ossession, that after 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-Division..

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

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

.... of 1999) Vs. Omar Faruque and others…………....Respondents (In both the cases) Judgment March 23, 2005 Result: The appeal is allowed. Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the appellant......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. ......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 lodged an F.I.R. at the Motijheel P.S, being P.S, Case No...

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

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

.... Chandra Baidya Vs. Commissioner of Income Tax, ITR (1951) Vol. 20 page 287. Lawyers involved: Shah Khashruzzaman with Reshma Sultana, Advocates-For the Applicant. Kazi Waliul Islam, Assistant Attorney-General- For the Respondent. Reference Application No.594 of 2003. Judg......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. ......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 Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....e judgment and decree dated 7‑6‑2001 passed by the Subordinate Judge, 2nd Court, Gopalganj in Title Appeal No.37 of 2001 affirming the judgment and decree dated 31‑1‑2001 passed by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The ca......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.      ......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)

....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. ......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. ......sts that the appellant is defaulter of bank loan and in that view of the matter this is not disputed question of fact, need not be gone into to be determined in the writ petition and the Returning Officer passed order accepting the nomination paper inspite of such patent disqualification of the ..

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

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

....m Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan with Ziaur Rahman- For the Petitioners.     MU Ahmed, Assistant Attorney-General- For the State. Criminal Revision No. 451 of 2002. Judgment ......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.   ......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