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Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....e, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC 269; Babul Vs. Government of Bangladesh, represented by the Deputy Commissioner, Noakhali and another, 49 DLR (AD)111; State of U.P. Vs. Mohammad Nooh, AIR 1958 (SC) 86. Lawyers Involved: Md. Nurul Islam Chowdhury- For the petition......………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC 269; Babul Vs. Go....... ......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

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

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......bsp; ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ..

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

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

....f are set aside. Ed. ...... Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil Appeal No. 230 of 2004) Vs Afzal Hossain and others...... Respondents (In both the cases) Judgment March ......ip;………….(15, 19 and 26).  Cases Referred To- A.K.M. Mayeedul Islam Vs Bangladesh Election Commission and others, 48 DLR (AD) 208; Farid Mia Vs. Amjad Ali (Md.) alias Mazu Mia and others, 42 DLR (AD) 13; Mahbubur Rahman Vs. Divisional Elec...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury 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,..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r Uddin gave fala blow on the chest of Shamsad Ali thereby he was injured and he had fallen on the ground. It appears from the evidence on record that victim Shamsad Ali was firstly admitted in Bogra Mohammad Ali Hospital and later on he was shifted to Pabna Hospital and subsequently he has been tra......victed him under section 148 of the Penal Code sentencing him there under to a fine of Taka 1000 (one thousand) in default to suffer imprisonment for 1 (one) month; convicted petitioner No.2 Siddique Hossain under sections 326/114 of the Penal Code sentencing him there under to suffer rigorous impri......ourt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Mohiruddin Mondal alias Md. Mohiruddin Mondal and others.........Petitioners Vs. State...................................................Respondent Judgment March......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.   ..

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

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

....witnesses who are eye‑witnesses in respect of alleged criminal conspiracy against the accused petitioner and 6(six) other accused persons namely, Md. Nurul Islam Sarker, Pappu Sarker, Dipu, Mahbub, Mohammad Ali and Nurul Amin and one of them, accused Mahbub, made an inculpatory confessional statem......ujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amirul Islam with Sajawar Hossain, Nikhilesh Dutta, Deputy Attorney-General- For the Opposite Party-State. Criminal Revis......rt Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Ayub Ali..........................................Petitioner Vs. State..............................................Opposite Party Judgment March ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

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: ......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: ...... Supreme Court Appellate Division (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. ......o cause harm to their career." 7. Mr. Md. Khalilur Rahman strenuously argued to find fault with the impugned judgment of the High Court Division relying on the principle enunciated in the case of Secretary, EPIDC vs M Serajul Hoque reported in 25 DLR (SC) 80 and the case of Khulna Newsprint Mill..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....rd 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 Ministry of Housing and Works and he was allowed leave preparatory to retirem......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.       ......t Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment ......n (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment Marc..

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

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

..... '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. AJ Mohammad Ali, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For R...... ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J  Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... ..................Respondents  Judgment Ma.......  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)

.... With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka………………………………… Petitioner Vs. Mohammad Shafiqul Haque and others……………………………..Opposite Parties Judgmen......aya Nath Basak left the country for India and the suit land was treated as enemy property and subsequently as vested property. It was further alleged that the suit land was leased out to one Monir Hossain and others and subsequently the suit land was leased out to defendant No.12 who was put in ...... Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka…………………………………………………………………………………..Petitioner Vs. Md. Safiqul Huq and others………………………………………………..Opposite...... 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)

....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. ......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. ...... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Jud......s been seriously prejudiced by this Resolution (Annexure-F and F-1). Thereafter the respondent No.3 by his Memo No.Fund-1/02-1057/1(3) Pra:Pra:dated 17.12.2002 (Annexure-G) sought a decision from the Secretary, Ministry of communication, the respondent No.1, as to whether the money allotted for othe..

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)

.... 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. ...... collusion with the appellant No.3, also fabricated various resolutions purportedly removing the respondent No. 1 from the Board of Directors of the company and in his place appointing his son Sabbir Hossain as a new director of the company and filed particulars of directors before the Registrar of ...... ......ioners have been deprived of all the profits earned by the company utilising the vessels Shah Badar-1 and Shah Badar-II owned by the company and the petitioner No. 4 wrote letters, inter alia, to the Secretary Ministry of Commerce complaining about the above issues on 7th February 1991 and also to t..

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

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

....smissed without any order as to cost.  Ed. ......nsultation with the Supreme Court is a must……………….(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...... Present: Syed J. R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Government of Bangladesh……….....Appellant. Vs. Md. Abu Bakar..............................Respondent.   Judgement ......p;                     Amirul Kabir Chowdhury J.- Government of Bangladesh represented by the Secretary, Ministry of Establishment preferred this appeal against the judgment and order passed by..

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

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......ioner. There is no ground to interfere with the order. The Petition is dismissed…….(4) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent...... J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar and others... ..................Respondents Judgment Febru...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

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

....Court High 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. Res......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.   ...... Supreme Court High 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.......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. ......sir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Chairman, Sherpur Paurashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents  Judgment February 1, 2005. ......sp; Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Chairman, Sherpur Paurashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents  Judgment February......-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

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

....liable to be ejected 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 Petitioner......d. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..

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

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

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ...... 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. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic o......ted. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ...... discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BLC (AD) 51; Bangladesh, represented by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 19..

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. ......ed that he came to know 5/6 days after the occurrence victim Asmat Ali died in Rajshahi Medical College Hospital. 23. P.W.5 Nurjahan is one of the victims of the case and wife of the P.W.7 Anwar Hossain. She as an eye‑witness and deposed that on hearing the hue and cry she came out from her h......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15,......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. ..

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

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....esh and others.................Respondents Judgment January 15, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-Gene......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. ......t Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January ......w cause as to why the Notification under Memo No.স্মারক নং-স্বঃমঃ(পু-১)/বিবিধ-১১/২০০১ dated 1-7‑2002 issued under the signature of the Deputy Secretary (Police), Ministry of Home Affairs, Government of Bangladesh should not be declared to be ..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ...... January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Hossain, 35 DLR 277; The Government of the People's Republic of Bangladesh represented by the, D......p; ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6