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Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......is Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ...... concerned Ministry and Department, the benefits of their service can not be denied to them as it was decided in the circular dated 22.4.84 (Annexure-K-2) which remained in force being unchanged. The question of giving seniority to the ad hoc appointees was considered in a subsequent meeting held ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....ovides that - (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (IV of 1882), or the Contract Act, 1872 (IX of 1872), no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowabl...... aside. The defendant-opposite party is directed to vacate the leasehold property within a period of one month from the date of receipt of the Judgment and hand over the vacant possession to the landlord petitioners. Send down the lower Court's record with a copy of the Judgment and or......p;…..............Opposite Party Judgment May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court bel......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....er situation compelled the writ petitioners' mother to keep the premises in question under lock and key and some unauthorised occupants claiming the premises in question as an abandoned property took possession thereof. The writ petitioners' mother applied to the prescribed authority, the SDO, Sadar......8209;9‑1984 respectively at Dhaka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In com...... the result the appeal is dismissed without any order as to costs. Ed. ......e Government. He entered into an agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the p..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....89 of 1998.
Judgment
Afzal Hossain Ahmed
J.-
This Rule Nisi was issued calling upon the respondents to show cause as to why
the respondents should not be directed to handover the vacant possession of the
land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the
ne......udgment
Afzal Hossain Ahmed
J.-
This Rule Nisi was issued calling upon the respondents to show cause as to why
the respondents should not be directed to handover the vacant possession of the
land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the
new Govt. High School......onths from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......legal
effect. Thereafter several representations were given to the respondent Nos. 1
and 2 but they did not take any steps whatsoever for handing over the vacant
possession of land and building in question. On 23.7.1977 the petitioners sent
a legal notice upon the respondent No.3 requesting him ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......sconduct on the part of the accused. It was further alleged that the accused disbursed and invested in their sweet will against twenty four leading business companies without taking any mortgage of land from them by violating the rules and circulars causing loss for TK. 1,61,500/-. Thus the accus......y of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ...... is no evidence that the accused respondents in capacity as bank manager, Senior Officer respectively of the Islami Bank Bangladesh Limited investment division, were entrusted with the property in question or with dominion over it and he committed the criminal breach of trust in respect of it. T..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....es not exceed Tk. 1,000/- (at the present raised to Tk. 30,000/-) and the suits described in the 2nd schedule to the Act were excepted from the cognizance of the S.C.C. court amongst which a suit for possession of immovable property was one (under clause 4 of the 2nd schedule of the Act), that in 19......was running a pharmacy in the suit premises but later on it was found that the defendant No.2, the appellant, was carrying on trade of retail medicine in the suit premises beyond the knowledge of the landlord, that the aforesaid owner died leaving Debendra Nath Basu who sold the suit premises on Ju...... Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......premises within specified time and in default specified amount is to be paid, in such situation compliance with the judgment would come in operation and such situation being absent in the judgment in question or in other words the judgment which has been set aside by the SCC Court and thereupon the ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......ate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......d Seba Clinic located to the east side of old bus stand, and it has further been proved that the nephew of the informant was seriously injured and the clinic was damaged by the petitioners. The vital question is who caused him injuries and damaged the clinic. It is crystal clear from the consistent ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......of occurrence while the victim informant was 20 years of age. She became pregnant by his brother‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the......n the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......er imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......im was the injuries found by P.W.6. In view of the aforesaid facts and circumstances of the case, we find that the victim was done to death in the night of occurrence on 8‑2‑94. 33. Now, the question is, whether the condemned accused Rafiqul Islam committed murder of his wife Salma Begum. W..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......called and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......269 of 2002. Judgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of imp..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
.... room of the dwelling house of Yousuf Malitha and tried to flee away. But the police personnel caught hold of both of them and recovered one country-made gun and 5 cartridges and a tojdani from their possession and accordingly, a seizure list was prepared on the same spot in presence of 3 witnesses ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......end down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....r Ansari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chi......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......bmissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......he position of tenants/lessees in the disputed properties as their interest is derived from the Government and the general observation of the High Court Division in the review petitions that disputed question of fact cannot be decided in the writ petition does not create any right and interest in fa..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....nd business as manufacturers and users of the Homeopathic drugs and medicines as users of alcohol and rectified spirit are now exposed to constant threat of being arrested and harassed for keeping in possession rectified spirit or any liquid or liquor containing more than 5% alcohol. Because section......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......s can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....the prescribed manner at the convenient places on or near the property so going to be acquired expressing the decision of the authority to acquire the property in question and the intention of taking possession thereof and also specifying that claim to compensation for all interest in the property g......ame. 2. The arbitration case was filed under section 28 of the Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respect......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......itration case specifically stated in the written objection that the arbitration case was barred by limitation and that in that view of the matter "it could not be said that the petitioners raised the question of the limitation at the time of arguing in this civil revision before this court for the f..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.................Respondents Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend hi......is not made a party to the suit, that the suit property was contracted to be sold for Tk. 75,000 in 1969 and the suit was filed in 1982 in respect of the three storied building on 140 square yards of land, the valuation of which cannot be twenty two thousand and the suit is undervalued. It was furth...... (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Resp......p; MA Aziz J.- This appeal by leave by defendant Bangladesh represented by the Secretary, Ministry of Works and others calls in question the judgment and decree dated 22-2-1994 passed in FA No. 107 of 1989 by a Division Bench of..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ted in: III ADC (2006) 251. ......2 of 1999) Criminal Appeal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instance of the state calls in question the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of 1969 arising o..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....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. ......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. ......e. Ed. ......iable to be set aside. 6. In order to appreciate the submissions let us quote the relevant portion of Order 49 which runs as follows: "(49) (1) No election shall be called in question except by an election petition presented by a candidate for that election in accordance wit..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......sidered and what kind of punishment used to be inflicted in the past.
14. It appears that the law of contempt in our country has stemmed from the English Law. The Superior Courts of Record in England have from early times exercised the power to commit for contempt persons who scandalized the Co......s no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... proceedings are enrolled for a perpetual memorial or testimony, which rolls are called records of the court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of ..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ct and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made against the petitioners that the petitioners were in possession of Chora (dagger) and Gachi dao, and Jhikorgacha P.S. Case No. 1 dated 1.9.97 was initiat......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. ....... 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. ......n 4 of the Arms Act, 1878. "Arms” includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms. Now the question is whether the possession of arms except fire-arms can be and shall be in usual course is a..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....red ninety-six and thirty-seven paisa) was shown in the statement of the Bank not Taka 5,40,00,000 (Taka five crore forty lac) and therefore, the same cannot be treated as in assessee applicant's possession and, as such, in this case, section 19(5) of the Income Tax Ordinance, 1984 cannot b......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. ......lication is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......olding the order of Appellant Authority and confirming the order of assessment of the Deputy Commissioner of Taxes. 8. In the aforesaid facts, the assessee applicant has formulated the following questions of law which arise from the impugned order of the Taxes Appellate Tribunal. "(a)..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
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