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Suo Moto Ex-parte Order 2005

....ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......Abdur Rahman J Judgment May 23, 2005. Suo Moto Ex-parte Order 2005. Judgment Md. Abdul Matin J.- Since our Republic was established pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to justice...... ORDERED that any person affected by this Order may apply to this Court for an Order setting aside or varying this Order. AND IT IS FURTHER ORDERED that upon any such application the Attorney General for Bangladesh shall appear to make representations in support of this Order and the follow..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....romotion in the post of Assistant Head Master. 15. P.W.2 Md. Idris Miah deposed that as per direction he submitted educational certificate, service book and relevant papers of the accused to the Deputy Director, Directorate of Primary Education, Dhaka. In his cross examination, he deposed that ......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......;…Respondent Judgment May 16, 2005. Result: The Appeal is allowed. Lawyers Involved: Nazrul Islam, Advocate- For the Appellant. MU Ahmed, Assistant Attorney-General- For the Respondent-State. Criminal Appeal No. 3458 of 2002. Judgment Siddiqu..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......R 237; State Vs. Basirullah, 16 DLR 189; Mafu alias Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Abdul Awal, Advocate‑ For the Petitioner. MU Ahmed, Assistant Attorney-General‑ For the State. Criminal Revision No.192 of 2003. Judgment Siddiqur Rahman ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....h and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N......l Hossain Mollah and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... ......esh and others 2001 BLD (AD) 134; Mostafa Kamal vs. First Court of Settlement and others 48 DLR (AD) 61. Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Mvi Md Wahidullah, Advocate‑on‑Record‑ For the Appellants. ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....l approval of the plan. It has been stated that the respondent No.2, the Authorised Officer, vide his memo No. Rajuk 1 Na Aa Aa‑2/3C‑ 1184/211/76 Stha dated 6‑7‑02 requested the office of the Deputy Commissioner, Dhaka for giving their comments on the title of the land on which the said comp...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......in: 57 DLR (2005) 762. ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

.... Nazrul Islam vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BLC (AD) 226. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Appellant. Nikhilesh Dutta, Deputy Attorney-General—For State Respondent. Criminal Appeal No. 4094 of 2003. Judgment ......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric...... vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BLC (AD) 226. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Appellant. Nikhilesh Dutta, Deputy Attorney-General—For State Respondent. Criminal Appeal No. 4094 of 2003. Judgment Khademul Islam C..

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. ...... 2004). T.H. Khan, Senior Advocate, instructed by Syed MahbuburRahman, Advocate-on-Record, for the petitioners (In Civil Review Petition No.50 of 2004). AJ Mohammad Ali, Additional Attorney General, instructed by Ahsanullah Patwary, Advocate-on-Record, for respondent No.1-9 (In Civil Revie..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

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. ...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......oned property was infringement of the very valuable fundamental right of the citizen..............(11) Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Ahsanullah Patwary, Advocate‑on‑Record‑ For the Appellants...

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)

....ng was requisitioned on 1.1.48 for housing a Urdu Medium School and after the liberation of Bangladesh the School was converted into a Girl's School named as New Government Girl's High School. The Deputy Commissioner, Dhaka by an order dated 27.3.1973 (Vide Annexure-"A") derequisitioned the said...... 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. ......8) 73. ......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. Judgment Afzal Hossai..

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

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

....of holding the inquiry into the case, as he was preoccupied with adjudicating other matters. The Tribunal by order dated 14-7-2004 relieved the Additional District Magistrate, Sylhet and directed the Deputy Director of Social Welfare, Sylhet to hold enquiry into the case and submit report within 8-8......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. ......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l......�…………..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. Criminal Appeal No. 27..

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

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

....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. ...... This Case is also Reported in: 57 DLR (2005) 504. ......R 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 Siddiqur Rahman ..

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

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

....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. ......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......jatan 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 Sheikh Rezowan Ali ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

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

.... Howlader, 48 DLR 257; Arzan @ Iman Ali Vs. State, 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.......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. ......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ......; Arzan @ Iman Ali Vs. State, 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 Hossa..

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

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

....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. ......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. ......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ......or 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 Criminal Appeal No. 13..

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

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

....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. ......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. ......ts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three brothers, migrated to the then Pakistan/Late Bashir Ahmed Ansari......ners. Vs. Ali Akbar Ansari………...Respondent. Judgment April 9, 2005. Result: The review petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioners. T.H. Khan, Senior Adv..

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. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved:...... Senior. Advocate, (Mahbubey Alam, 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..

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

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

....; Md. Awlad Ali J.- This Rule arises out of 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. ......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. ......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h...... 2. Briefly stated, the facts are that the petitioner was enrolled as an Advocate by the Bangladesh Bar Council on 6‑10‑1985 and he began his practice at Kushtia District Bar. He was elected General Secretary of District Awami League, Kushtia. The petitioner was appointed as Special Public ..

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

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

....sical verification the acquired land was found fellow land, that sale deeds of the preceding 12 months from the date of service of notice under section 3 of the Ordinance were collected and thereupon Deputy Commissioner assessed the compensation at Tk. 1,50,000/- per acre in respect of the land of P......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. ...... 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

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