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State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....mp; Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....atement denying material allegations stating, inter alia, that the respondent was appointed as Postal Clerk and he joined in service on 7‑9­1971. Subsequently he was promoted to the post of Assistant Post Master and had been working in the said post from 14‑11‑1991. During the ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ...... 4­7‑1996 fixing 8‑7‑1996 for appearance and hearing. The respondent appeared before him and he was Oven questionnaire to which lie was directed to reply in writing. The Enquiry Officer conduced enquiry is violation of the prescribed rules of the Government Servants (Discipline..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

.... 1981 SC 617=1981 CriLJ 9; Surajdeo Oza and others Vs. State of Bihar, AIR 1979 SC 1505 = 1979 CriLJ 1122. Lawyers Involved: Md. Abdur Rouf, Deputy Attorney-General with Md. Ibrahim Khalil, Assistant Attorney-General‑ For the State-Respondent (In all the cases). Shaukat Ali Khan wit......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)

.... March 24, 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 of 1995 discharging the Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....SC 1563; Bhikari Vs. State of Uttar Pradesh, AIR 1966 SC 1; Fayasena Vs. Reginam, (1970) 1 All ER 219. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....sented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in the Court of Senior Assistant Judge, Naria. The petition had been numbered as Miscellaneous Case No.4 of 1998. ii)...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

.... counts, in default to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, Tangail on surprise visits on different occasions found the ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....R (AD) 246; Abdul Matin and others Vs. State, 42 DLR 286; Asiman Begum Vs. State, Criminal Appeal No. 793 of 1996; Sukh Lal Vs. Tara Chand ILR (1906) 33 Cal 68(FB). Lawyers Involved: Md. Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State – Petiti......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......they killed her. He found injuries on the person of Shamima. Thereafter, he lodged the first information report with the local police station. 4. Pursuant to the first information report, a Police Officer of Kotwali Police Station, Comilla, came to the condemned prisoner's house, held inquest on ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....t the judgment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declare......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......er sections 302/109 of the Penal Code. The accused persons pleaded not guilty and claimed to be tried. 3. Prosecution in all examined 17 witnesses including the official witness PW 9, the Medical Officer who held post mortem examination of the dead body of Hazrat Ali and Julekha Khatun, PWs 10 a..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

.... facts, leading to this petition, are that the respondent No. 1 as preemptor instituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the r....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

..... M Moazzam Husain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. Criminal Miscellaneous Case No. 7242 of 2001 Ju......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......n the Head Office. The brokerage business of the Company used to be conducted by professional executives and officers. Accordingly, the High Court Division rightly held that the Director, Manager or Officer shall be accused along with the accused Company if they are responsible for the conduct of i..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

.... the meantime since the office of the Registrar was dragging the matter; the plaintiff No.3 made a written complaint to the Minister, Ministry of Commerce and prayed for intervention. Thereafter, the Assistant Secretary of the Ministry of Commerce instructed the defendant No. 4 to impose penalty upo......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

....udgment condoned the delay of 150 days (in the application for condonation of delay 163 days was mentioned) in filing the appeal against the judgment and order dated June 29, 2000 of the 1st Court of Assistant Sessions Judge, Gazipur, passed in Sessions Case No. 27 of 2000 (corresponding GR Case No.......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ed charge‑sheet on 15‑9‑1998. So, the case against the appellants was not registered on a petition of complaint before the Court of Magistrate, rather the case was registered by the Officer‑in‑charge of the Joydebpur Police Station on receiving written Ejaher from the t..

Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Preliminary scrutiny and evalua­tion Committee (constituted by the BWDB) : 4. Superintending Engineers of BWDB1 Executive Engineer of BWDB1 Accounts Officer of BWDB1 Expatriate ADB Consultants(Germany)1 Local ADB Consultant 18-02 ..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....4571 of 2003.) JB Hassan, Advocate-For the Petitioner (In Writ Petition No.8432 of 2002.) Moinuddin, Advocate-For the Respondent No.5 (In Writ Petition No.8432 of 2002). Farah Mahbub, Assistant Attorney-General­-For the Respondents (In all the Writ Petitions). Writ Petition ...... This Case is also Reported in: 57 DLR (2005) 248.                         ...... This Case is also Reported in: 57 DLR (2005) 248.                         ..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ucted by Sufia Khatun, Advocate‑on‑Record‑For the Petitioner. Abdur Razzaque Khan, Additional Attorney‑General with Helatudidin Mollah, Deputy Attorney‑General and Md Faisal H Khan Assistant Attorney‑General instructed by Mvi Md Wahidullah, Advocate‑on‑Record­-For Responden......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....nd decree dated 28‑7‑1999 passed by the learned Additional District Judge, 2nd Court, Dhaka in Title Appeal No. 121 of 1999 reversing the judgment and decree dated 8­2-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same. 2. The pl......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....arter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Assistant Attorney­ General ‑ For the State (In all the cases). Dewan Abdun Naser, Advocate ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178