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Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ...... any specific acts or deed of the petitioner which could be considered as prejudicial and which led to the issuance of the impugned order save and except the failure of the petitioner to pass in some papers in the examination. However, failure to pass any paper or course in the examination cannot be......Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The R......re impugned order was passed. 6. Although the learned Assistant Attorney-General did not file any affidavit‑in‑opposition, nevertheless, with the leave of the Court, he referred to some documents relating to the examination results of the petitioner. 7. Mr. Mahbubur Rahman, in his..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....e for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that......ocument was, not filed in the trial Court and the plaintiff collusively entered the same in the list of documents and sent the record to the trial Court for preparing exhibit list and for marking the papers proved in evidence and soon after that the petitioner as respondent filed an application for ......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip......e lower appellate Court by the order dated 19‑10‑94 without appreciating that the original document was, not filed in the trial Court and the plaintiff collusively entered the same in the list of documents and sent the record to the trial Court for preparing exhibit list and for marking the pape..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....al Procedure passed by the Magistrate in MR Case No.21 of 2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition on 30‑12004 ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. ......tion under section 561A of the Code of Criminal Procedure to the effect that the decretal land does not include the lands of the proceeding drawn up under section 145 CrPC. Thus, it is clear from the documents on record that the 2nd party opposite parties got decree from the competent civil Court in..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......hat grounds taken in the revisional application are misconceived and not tenable. 4. The accused-petitioners also filed a counter affidavit against prayer for vacating the order of stay annexing papers and memos of the Government as annexures, stating inter alia, that the decision of withdrawal......rs Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Ab......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....en properly adverted to by the High Court Division in deciding the appeal before it and the High Court Division having relied upon certain extraneous facts and circumstances instead of considering relevant evidence on record on the question of defendant No. 2 being a bonafide purchaser of the su......uit there was a 'salish' in August, 1981 where Khurshed Ali Master agreed to enhance the rent, that one or two days thereafter Khurshed Ali came to him with one blank stamp and some blank cartridge papers and stated that his son previously purchased the stamp paper and in good faith he (defendant......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....u, Bangladesh, Dhaka lodged the first information report on 8‑1‑2002 with the Ramna Police Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in co......ow, are in aid of accused to challenge the proceeding. Unless these provisions, which are now in CrPC be exhausted, the accused has no right to invoke section 561A of the Code. The laws are not brown papers to be avoided. It is made for implementation and to be followed. These provisions could be av...... in: 57 DLR (2005) 546. ......gainst the accused petitioners. Moreover, this is a case where an officer, who is an inspector of Bureau of Anti-corruption lodged the first information report after examining several papers and documents lying with the Ministry. There is a distinction of lodging first information report by Bur..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... not dispossess the plaintiff from the suit land and that the suit was filed falsely in order to harass the defendants. 4. At the trial the plaintiff examined 4(four) witnesses and produced some documents which were marked exhibits the defendants examined 2(two) witnesses. After conclusion of h..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......er as to costs. Ed. ......t No. 1 would reconvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created some documents, of transfer in favour of defendant Nos.2 and 3; after harvest in the year of 1377 BS th..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
.... the licence period, we are concerned as to whether the licence has been cancelled in accordance with law. The case of Zainul Abedin Vs. Emperor reported in AIR 1937 Peshawar 30 is also not very much relevant in the present context. In the case of Kishirode Chandra Pal Vs. District Magistrate, Howra......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....t No. 1 through Ministry of Health and Family Welfare, responsible for overall public health including control of food, water and other health related commodities, failed to act as required under the relevant laws of the country. The respondent No. 2 is responsible for development of salt Industries......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......eported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... Shahabuddin Ahmad the learned Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos. 1‑3 and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land originally belonged to Saku Sarder and Hossa...... Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by the final court of fact on consideration of the evidence on record ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....tions 409/420 of the Penal Code, pending before the Court of Senior Special Judge, Cox's Bazar, should not be quashed or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposal of the Rule are that the above mentioned special case was init...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon......re is distinct element of criminal offence in the matter. 7. We have carefully considered the submissions of the learned Advocates and perused the grounds taken in the application along with the documents available on record. It appears that there is specific allegation in the petition of compl..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......ard Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for the petitioner and Dr. M. Zahir, the learned Counsel for respondent and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the respondent is tenant under the petitioners in respect ...... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the P......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....e trial is a nullity. 5. Mr. Abdur Razaque Khan, learned Additional Attorney‑General appearing on behalf of the State, opposes the appeal and submits, inter alia, that during relevant period section 6(IA) of the Criminal Law Amendment Act of 1958, hereinafter referred to as ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ional Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent. Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 o......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'ble Court in Admiralty Suit No.5 of 2004. 2. Facts relevant for disposal of this Miscellaneous Case are that the opposite party as plaintiff, institute......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......site Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162.......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......ereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplate...... on 14‑3‑83 for mutation of his name on the records as owner, the Ministry of Works thereafter by a memo dated 12‑11‑84 asked the petitioner to appear before the DS AP‑2, within 7 days with documents and the petitioner thereupon submitted basic documents of title showing his ownership and ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......nal Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rul......F 3 SECTION 12 & 13 BUILDING AND CIVIL ENGINEERING WORKS AT RAMPURA, annexed hereto, carry out and complete the works shown upon the contract drawings/ specifications and all attachment and other documents described by or referred to in the contract and in the said conditions." (Underl..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....n cash. In course of his journey when that petitioner reached a point at about 8‑00 PM near Madhabpur Police Station under Habiganj District he was advised by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
....... Joynul Abedin J
Zubayer Rahman Chowdhury J
Salauddin Ahmed ..........................................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
Judgment
March 23, 2005.
Result:
The Rule is made abs......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....submits that there is no mention of breach of the provision of Article 31 of the Order and, as such, it should be taken that the allegations of violation of Article 31 of the Order are not there. The relevant provision of Article 31 of the Order is quoted below: “(2) Before a ballot ......esiding Officer or concerning polling staffs may be indispensably necessary to ascertain as to whether the packets and contents inside the packets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls w......JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representat...... High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application. 2. The facts leading to the appeal are that, th..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has not been done and such conviction and sentence is liable to be set aside. Further he......ra, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpu......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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