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Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.26 of 2......ourt is in seisin of the matter after a decree of the Court in favour of 2nd party we hold the view that the Magistrate's power under section 145 CrPC is not available. 11. Moreover, we have noticed from the order sheet of the proceeding (Annexure D) that on 24‑12-2003, the Magistrat......levant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
.... Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Case No.5......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. ......d Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. Kazi Bazlur Rashid and Md. Rezaul Karim- For the Informant-Opposite Party. Sheikh Rezaul Karim, Assistant Attorney-General- For the State. Cr..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....ain, Advocate‑on Record for- Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8 and 9. Civil Appeal No. 45 of 1998. (From the Judgment and decree dated August 21, 1996 passed by the High Court Division In First Appeal No. 82 of 1987). ......which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing the suit and directing defendan......7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Minister that some other farms also applied for being appointed as a consultant but the Hon'ble Minister stick to his earlier decision of entrusting Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consociates Ltd. was appointed as consultant. On 30‑5‑1999 a meeting w......irector, Consociates Ltd. in collusion with each other, by misusing their powers got Consociates Limited appointed as consultant of the project in a preplanned manner and without floating any further notice and without inviting any further international tender, gave the work of installing 3,00,000 t...... Rule of Criminal Miscellaneous Case No.8505 of 2002 at the instance of AHS Rahman and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
.... Advocate- For the Opposite Party. Civil Revision No.3313 of 1999. Judgment Abdul Awal J. - Rule issued calling upon the opposite party to show cause as to why the judgment and decree dated 19‑8‑1999 and 25‑8‑1999 respectively passed by the learned Assistant Judge, First Cour......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. ......he Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispos..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....e Appellants. AY Ahmed Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 29 of 2000. (From the judgment and order dated 12th February 1995 passed by the High Court Division in Civil Revision No. 1400 of 1993). ......y of the period mentioned in the Ekramama and the transaction was treated as an out and out sale: the contesting defendants have purchased the suit land for valuable consideration bonafide without notice of Ekrarnama and have been possessing the suit land; the price of the suit land is increased......tion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back th..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....orney-General‑ For the Respondents. Writ Petition No.4747 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 3‑8‑04 cancelling the licence being Rifle license No.373/92 and Revolver licence No.449/92...... 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancellation of licence by the impugned general notification nor he had been given any......titioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was no..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)
.... to identify the unlicensed and fake manufacturers of edible salt and to take action against those manufacturers as per provisions of the Act. 2. The Rule was made returnable within eight weeks from date. The rule was issued on 25.3.1999. It appears from the case record that the case was made ready......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. ...... 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content conforming with the quality and standard as specified in the Iodine Diseases Prevention Act, 1989; (b) ..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)
....ision 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. ......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. ......rest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....ndent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Judgment MM Ruhul Amin J.- This Petition for leave to appeal is directed against the judgment and decree dated 02.04.2003 passed by the Single Bench of the High Court Division in Civil Revision No. 2247 of......s. The plaintiffs in order to construct a new building in the suit premises by demolishing the existing structure got a plan approved by the Khulna Development Authority. The plaintiffs then issued a notice under section 106 of the Transfer of Property Act upon the tenant for termination of tenancy ......Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the Petitioner. Dr. M. Zahir, Senior Advocate, insÂtructed by Sufia Khatun, Advocate-On-Record- for Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Jud..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....pposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1998 passed by the learned District Judge, Gaibandha, in Miscellaneous Appeal No.3 of 199...... 6-11-94 in terms of that solenama. The defendant No.46 a pardanshin village lady who was living with her husband at village Bamonzol under Sunderganj Police Station and not at village Mirganj and no notice or registered card was served upon her and she was not aware of the service of summons and th......by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party Nos. 1 to 11 lat..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....t of 10 acres of land requisitioned in LA Case No.26 of 1959‑1960. The affected persons of the said land acquisition case have been allotted plots of land according to the last layout plan of Rajuk dated 19‑7‑1999 and in all 92 persons have been allotted such alternative plots. The petitioners......etitioners apprehended that the petitioners may be evicted at any time and in the event of their eviction they will be thrown on the streets. The petitioners are bonafide purchasers for value without notice and have been living in the case plots for more than 12 years by erecting semi pucca structur......a. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obta..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....r Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment and order dated October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition No.2......n Grade-I on December 26, 1994, that had the writ-petitioner been aggrieved because of his appointment in Grade-II he ought to have challenged the legality of the amended Rule immediately after he noticed his appointment in Grade-II and having had not done so the petitioner being guilty of latch......or the Petitioner. Abdur Rab Chaudhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on- record- For Respondent No.5. Not represented-For Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leav..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
.... Appeal No. 1481 of 2002.
Judgment
Amirul Kabir Chowdhury J.- Secretary, Ministry of Works, Government of Bangladesh, the writ respondent, seeks leave to appeal against the judgment and order dated 17.06.2002 passed by the High Court Division in Writ Petition No. 365 of 1993, making the rule......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......
December 4, 2004.
Result:
The leave petition is dismissed.
Lawyers Involved:
B. Hossain, Advocate-on-Record- For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1481 of 2002.
Judgment
Amirul Kabir Chowdhury J.- Secretary, Ministr..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....rney‑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 of 1993). ...... learned Judge failed to appreciate that the trial itself was illegal because of non‑compliance of the mandatory provisions of section 339(B) of the Code of Criminal Procedure in not publishing notice for appearance of the accused in a daily newspaper." 7. We have considered......lip;……Respondent Judgment December 4, 2004 The Criminal Amendment Act, 1958(XV of 1958), Section 4 Application for according sanction to prosecute the applicant admitted to have been sent in proper channel but..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code 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 Sui......ff, instituted Admiralty Suit No.5 of 2004 against the vessel MV Accord for recovery of Taka 1,83,62,477 for the supply of necessaries as well as for their services tendered to the vessel. Service of notices was effected upon the defendants, including the defendant-petitioner, through his local agen...... Miscellaneous Case No.1 of 2004. Judgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectivel..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)
....Nisi on an application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 21‑9-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 19......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 contemplated under Article 7(2) and (3) of President's Order 16 of 1972 and also under......7(2) and (3) of President's Order 16 of 1972 and also under sections 4 and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.)..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....8 and 4501 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2003, w......on would therefore have full force in the settlement of all claims and/or disputes in execution of the subcontract work. 21. It is also not disputed that said defendant No.1 has already served a notice upon the plaintiff appointing an arbitrator for arbitration of the disputes. Said defendant N......uit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, agreement to refer their disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore,..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....nt
Md. Joynul Abedin J.- This Rule Nisi under Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned letter Nos.23, 40, 04, 04, 01, 23, 2004‑219(3) dated 22‑4‑2004 issued under the signature of respondent No.2. Annexure‑D‑2, refusing to giv......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.
...... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5â€..
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)
.... Advocate, instructed by SR Khoshnabish, Advocate‑on‑Record-ÂFor Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Appeal No. 75 of 2004. (From the judgment and order dated 26‑10‑2003 passed by the High Court Division in Election Petition No. 2 of 2001). Ju......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......s……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
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