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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. ...... its file and number. 8. We have heard the learned Additional Attorney General for the petitioners and the learned counsel for the respondent and perused the impugned judgment and other connected papers. 9. This Court concurred with the findings of the High Court Division holding, inter alia......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......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
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. ......irness had no other option but to renew the licence under the provision of Notary Public Ordinance, 1961 and the Rules made thereunder. 5. Having heard the learned Advocate and on perusal of the papers annexed to the writ petition and in view of the fact that the respondents have not controvert......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h......ncerity and honesty, On 7‑11‑96 the petitioner filed an application to the Ministry of Law, Justice and Parliamentary Affairs for appointing him as a Notary Public for Kushtia District. Necessary documents were annexed to the application. Considering the prayer of the petitioner, the competent a..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....e award was served on the persons, who were found interested in the award, on 24-04-1993. The notice in respect of 2.90 acres of land of Plot No. 3840 was served on the Inspector of Waqf since on the relevant date the land stood recorded in the name of Waqf Estate. The appellants after getting their......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. ......or in not considering the appellants application for remand of the arbitration case on the ground that Deputy Commissioner while rejecting the prayer for revision of the award placed reliance on some documents which were not reflecting the correct position, in that land purchased by the appellants w..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....rmitted and thus FCO was approached for bargaining and the FCO accepted the low price at the rate of 1.49 US Dollar per passport though in the tender their quoted rate was 1.53 US Dollar. 11. The relevant portion of section 5(2) of Prevention of Corruption Act, 1947 is quoted below: "5. C......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. ....... 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
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....sion of Article 58 of the order and, as such, the impugned decision being bad in law and prone with error is liable to be set aside. 6. In order to appreciate the submissions let us quote the relevant portion of Order 49 which runs as follows: "(49) (1) No election shall be ......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. ......sent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March 22, 2005. ......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
....in many cases and Mr. Ajmalul Hossain, the learned Advocate appearing for the petitioner has referred to the case of KP Noordeen Mohammed Vs. AK Gopalan and others reported in AIR 1968 (Ker) 301. The relevant portion of the judgment runs as under:
"It has been suggested that there being no......the University. Both the caption and the sub-caption are not supported by the facts in the report. All that the facts disclose is that there was tampering in the tabulation sheet in one of the 6(six) papers, namely, Muslim Law. The allegation is of the tampering with the marks in the tabulation shee......others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ...... 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)
....any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15, in that case he may be prosecuted and punished under section 19A of the Arms Act (clause (f) is relevant for the present purpose). Section 14 of the Arms Act is as under: "14. Unlicensed posse......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. ...... 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. Result: The......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
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....unal appears to have been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tribunal for deciding afresh considering all relevant papers and documents and provisions of law as discussed hereinabove. 19. From the fact......ars to have been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tribunal for deciding afresh considering all relevant papers and documents and provisions of law as discussed hereinabove. 19. From the facts and cir......e is also Reported in: 57 DLR (2005) 756. ...... been passed without applying proper judicial mind. Therefore, in our opinion, it will, be justified if the matter is sent back to the Tribunal for deciding afresh considering all relevant papers and documents and provisions of law as discussed hereinabove. 19. From the facts and circumstances ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... bone of contention between the parties in that the appellant being a bank loan defaultes stood disqualified for election as chairman under section 10(2) (g) of the Pourashava Ordinance, 1977. The relevant position of the aforesaid provision of law is quoted below: "10. Qualif......tle whether the proceedings are not reached its finality and now pending before the Appellate Division, but since we find respondent No.7 being a defaulter on the date of filing nomination papers, he was disqualified to participate in the process of election. Disqualification requires n......howdhury 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, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil 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. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....t corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further deposed that subsequently the case land was sold to Golam Hos......ospital and later on he was shifted to Pabna Hospital and subsequently he has been transferred to Mohakhali Chest Hospital where he remained some days for treatment. The prosecution his submitted the papers of his admission and discharge certificate, of the hospitals which speak that he was actually......(2005) 779. ......repared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fala, one piece of brick, some paddy and documents of the land and finding prima facie case submitted charge-sheet No.33 dated 1‑7‑1983 a..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......nsel appearing for the petitioners submitted that the High Court Division was carried away by emotion and sentiment in discharging the rules in the above writ petitions mainly basing on 2 unexhibited papers namely, Arinexure-X and X-I filed by the said respondents in the High Court Division with the...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......ourse, been stated that he along with some other trade union leaders controlled the situation. It is correct to say that the reports Annexure-X and X (1) have not been marked as exhibits nor the said documents have been produced formally in evidence nor the said reports do find places in the record ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
.... to realise that the SRO No.316 dated 19‑10‑1999 is no more alive and has been replaced by the subsequent SRO No.255 dated 19‑9‑2002. Therefore, no PSI scheme is, in fact, in operation at the relevant time. 3. The petitioner imported the goods in question without obtaining any letter of......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. ......Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is......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
....d against the ex parte judgment and decree
passed in Title Suit No.346 of 1977 and thus the question whether the earlier
suit was barred under section 42 of the specific Relief Act is not at all
relevant for a decision of the present suit.
12. I have considered the submissions
of the lear......nemy property and vested
in the government, the Additional Deputy Commissioner, (Revenue) has no locus standi to challenge the decree
passed in Title Suit No.346 of 1977. The Plaintiff has produced papers showing
granting lease of the suit land to some persons including the defendant No.1
but th......: 26 BLD (HCD)
(2007) 75.
...... 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)
....t be denied. 12. We have heard the learned Advocates of both the sides. It appears that in pursuance to the necessary notification No.4(2001-2002) NI: PRA/GO:SA:BI/Group No.1 (one) the bids of the relevant contractors were accepted for the project of construction of flexible pavement over Hatbari......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. ......on) 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, 2005. R......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
....e applicant or any other relief and as it deems fit and from the judgment reported in 2002 BLD 67=7 BLC 107 it will appear that the High Court Division while giving relief under section 233 discussed relevant provisions of the relevant laws of English, Indian and Australian jurisdictions and also ci...... 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.
......ase 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.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....sed. 8. We have considered the submissions made at the Bar and perused the materials on record. From the materials on record it appears that the respondent went on training during the relevant period and as such Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Bar...... 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. ......; A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent. Civil Appeal No. 79 of 2003. (From the judgement and order dated 9-11-2000 passed by the Administartive Appellate Tribunal in Appeal No. 66 of 1998)....... 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. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....inapatra was a forged and collusive one, in as much as the means of payment of part performance is concerned. The currency notes that P.Ws. mentioned to have been used for payment, were handed at the relevant time. 18. In support of his contention Mr. Nurul Mostafa has relied upon the case of P......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-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. ......rate as res judicata against the Government. In such a situation, I am of the view that it is not at all necessary to search as to whether the Government has any title in the suit land or not and the papers relating to the settlement of Tazammel Huq, predecessor-in-interest of the defendants petitio.........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of ......-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
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....nt No.2. Respondent No.9 also filed an affidavit-in-opposition. The case of respondent No.9 is that the land of the disputed plat along with other lands was acquired for Railway. Therefore, it is not relevant for which purposes the land is used by the Railway Department. The Railway Department was n......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......so Reported in: 57 DLR (2005) 267. ...... the notice was served upon them, no action was taken. The petitioner, thereafter, obtained the present Rule Nisi from this Court. The petitioner also filed a supplementary affidavit annexing certain documents on 3-1‑2005. 4. Respondent No.2, filed an affidavit-in-opposition controverting the..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......aggrieved by the aforesaid impugned judgment and order of conviction and sentence the accused‑appellants preferred this appeal. 11. Heard the learned Counsels of both the sides and perused the papers and the exhibits. Mr. Hasan Foez Siddique, the learned Advocate appearing with Mr. Md. Masud ......orted in: 57 DLR (2005) 494. ......cused‑appellants pleaded not guilty and claimed to be tried. 7. At the trial prosecution examined as many as 12 (twelve) witnesses including the investigating officer and exhibited a series of documents to prove its case but defence examined none. 8. Defence case, as it transpires from t..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
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