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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. ......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..

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

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

.... Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the appellant (In Criminal Appeal No. 18 of 1998). Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In Crimin...... 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..

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

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....hers 2003 BLD (AD) 215= 9 BLC (AD) 10; Kamaraja Nadar vs. Kunju Thevar and others AIR 1958 (SC) 687.         Lawyers Involved: Subrata Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record-For the Appellant. Khan......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

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

....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. ...... 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..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....inst the 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.......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..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

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

.... Rahman Vs Divisional Election Tribunal and others, 6 BLC (AD) 45; Mahmudul Haque (Md) vs. Md. Hedayethullah and others, 48 DLR (AD) 128. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate (Faheemul Huq, Advocate, with him) instructed by Md. Nowab Ali, Advocate-on-Record-......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)

....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.   ......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 ..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....plication as filed under section 540 CrPC is intended to fill up lacuna and the order passed by the learned Judge Tribunal without assigning any reason is not sustainable. 8. Mr. M Amirul Islam, Senior Advocate appearing on behalf of the informant, permitted to assist the State, submits that sa...... No.31 of 2004. During trial the Tribunal framed charge against the accused petitioner on 28‑10‑2004 under sections 120B/302/34 of the Penal Code. On 18‑12‑2004, one Mr. Md. Khalequzzaman, an Assistant Superintendent of Police CID and the Investigation Officer of the case, submitted an appli..

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.       ......3. No one appears to contest the Rule. 4. Perused the application and heard the learned Advocate appearing for the petitioner. It has been submitted that the writ petitioner was a Lower Division Assistant-cum-Typist in the housing and Settlement Directorate, Division‑2, Mohammadpur, under the..

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

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

....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. ...................Respondents Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant Attorney‑General‑ For the Respondents. Writ Petition No.49 of 2005. Judgment..

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)

....6, Fahim Ali Haque (Minor) vs. Md Abdul Aziz 43 DLR 226 and 3 BLC (AD) 78; South Asia Shipping Ltd vs. 'MV Tony Best' and others 46 DLR 226.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For the Appellants. A.......  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. ..

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)

.... 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. ......ial document to indicate that the suit land was declared enemy property after the enemy property law came into force on 3rd of De­cember 1965. The plaintiff has examined one Md. Shamsul Hoque, and Assistant of the vested property of Dhaka and he admitted that they have census list in the office ..

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)

....1, as to whether the money allotted for other projects, being serial No.9-36, could be paid to the respective contractors of the projects. In reply to the said letter dated 17.12.2002 (Annexure-G), a Senior Assistant Secretary, Ministry of Communication, Development cell, by Memo No.Unnayan-3/A:ABA:......nts Judgment February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. Mushfiqur Rahman, Assistant Attorney-General-For the Respondents. Writ Petition No.1633 of 2003. Judgment ABM..

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)

....Ltd. [1972] 2 All ER 492, [1973] AC 360; [1972] 2 All ER 492 at 500; [1973] AC 360 at 379); Re Saul D Harrison and Sons Pic [1995] 1 BCLC 14 at 191. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Appellants. Ra......olution dated 18-1-96 amending Articles 38, 39 and 53 and also fabricated resolutions dated 9-12-99 and 31-12-99; the respondent No. 1, in the aforesaid circumstances, submitted an application to the Assistant Registrar, Joint Stock Companies, Chittagong, stating the manner in which the above purpor..

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

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

....hellip;.(12) Lawyers Involved:  A. J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate- on-Record- For the Appellant  A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent.  ......ed the training course on 26.02.1989. The training course continued up to 07.06.1989. On 08.06.1989 the H.S.C. Examination under the Jessore Board started in Muladi College Centre. Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Barisal Sadar was deputed by the Deputy Commiss..

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

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....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.   ......96 passed by the learned Subordinate Judge, 1st Court, Feni, in Title Appeal No.22 of 1988 affirming the judgment and decree dated 29‑12‑1987, decree signed on 28‑2‑1988 passed by the learned Assistant Judge, Dagonbhuiyan, Feni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....is of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act.     Lawyers Involved:  Md. Fazlul Karim, Senior Advocate (in both the cases) instructed by Md Nawab Ail, Advocate-on-Record — For the P......and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court Sherpur in Other Appeal Nos. 45 of 1994 and 44 of 1994 reversing those dated 30-4-1994 by the Assistant Judge, Additional Court, Sherpur in Other Class Suit No. 276 of 1990.  2. ..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

....jected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar, 48 DLR 21. Lawyers involved: AJ Mohammad Ali, Senior Advocate, instructed by SM Rahman, Advocate‑on‑Record‑ For the Petitioners. Md. Fazl......es the Rule in Civil Revision No.305 of 2003 heard analogously with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and r..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ernment free from all encumbrances and the right title and interest of the original owner in those lands were extinguished. By MLO 128 of 1986 acquisition of the land in question was reconfirmed. The Senior Sub-Assistant Engineer, Bangladesh Railway had no authority to write any letter dated 20‑9â......li Sikder, Advocates‑ For the Petitioner. Khondker Mahbubuddin Ahmed with KZ Alam, Advocates- For Respondent No.8. Dr. Naim Ahmed Advocate- For Respondent No.9. ANM Musfiqur Rahman, Assistant Attorney-General‑For the Respondent No.2. Writ Petition No.4433 of 2003. Judgm..

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. ......44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan Chowdhury, Advocates-­ For the Appellants. SM Aminur Rahim Chandan, Assistant Attorney­-General‑ For the State. Criminal Appeal No.696 of 1997. Judgment..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3