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State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......statement the former Chairman respondent Abdur Rouf Sardar of Nagurghata Union Parishad was stated to have been serving a sentence in jail in connection with a criminal case at the relevant time. Respondents Al-haj Md. Abdus Sabur and Md. Khalilullah alias Jharu are stated to have offered ...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......elied upon. The name of accused respondent Md. Mominullah (Mohon) was mentioned in the confessional statement not in connection with the occurrence itself but in connection with alleged collection of arms on a subsequent date. The confessional statement was not supported by any other independen..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......t dismissed the case on the findings that no oral evidence has been adduced from the side of the petitioner i.e., respondent No. I herein, that Sahera Khatun was present in Bangladesh at the relevant time and her whereabouts were known, that the alleged oral gift has not been established by examinin......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....n No. 6305 of 2003. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority......ed the petitioners to submit mutation certificate and rent receipts. In the said letter also the respondent No.2 did not object to the construction commenced by the petitioner. The petitioner, at the time of submission of the application for sanctioning the plan, submitted mutation certificate and r...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....he Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......s Sunil Kumar Karmakar, aged 53 years, stated that he was the owner of jewellery shop named Shoma Jewellers at Madaripur Gold Patti that some 8 to eight and a half months before on Tuesday at evening time Chinmoy, the son of his maternal father-in-law accompanied by his friend of about the same age ......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....etitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......vil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Service Commission briefly the PSC. This period was extended from time to time. The PSC published an advertisement on 30.3.1978 and in that advertisement it was men......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 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....ode of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawye......ned on 27-2-1979 between the parties and the monthly rent was fixed at Taka 150 and according to the agreement, a sum of Taka 5000 was paid by the defendant to the plaintiffs as security money at the time of signing of the agreement, which was taken back by the defendant thereafter from the plaintif......ntrol Act provides 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 ext......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)
.... in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......ty, the SDO, Sadar (South), Dhaka on 4‑7-1972 and 23‑2‑1973 for eviction of the unauthorised occupants. The case was, however, 'filed’ on the ground that the petition was time barred and she was asked to represent her case before the Ministry of Works. The writ petitione......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......dingly, he submitted the inquiry report for taking appropriate action against the accused persons in accordance with law. He finally, submits that there is no provision of holding inquiry for the 2nd time under section 27 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended and, as such, the imp......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ed-respondent Judgment May 2, 2005. Result: The appeal is dismissed. Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. ...... the appellant let us now envisage and sift the evidence on record adduced by the complainant in support of his case. 13. P.W.1 Farid Uddin Ahmed, the complainant deposed that at the relevant time he was the Branch Manager of the Islami Bank, Narayanganj Branch since 25.1.1989 to 19.9.1991...... 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. ...... 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. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....ions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......filed within the period of limitation along with an application for necessary direction and the court gives the direction on any date after expiry of period of limitation and compiled with within the time given by the court but beyond the period of limitation the application for setting aside ex par......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......to shoot him by pistol, then Shibli Sadik ran away and took shelter in the house of Sagar and the mother of Sagar requested the terrorists not to assault him, then the accused rebuked her. In the meantime, Shibli Sadik able to flee away escaping over the wall. Thereafter, he raised hue and cry, then......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. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
.... Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......om the trend of cross-examination of the prosecution witnesses, was that the allegation had no element of offence under section 9(1) of the Ain, 2000. The jail appellant was 12/13 years of age at the time of occurrence while the victim informant was 20 years of age. She became pregnant by his brothe......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. ......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)
.... Present: Sikder Maqbul Huq J Nirmalendu Dhar J Rafiqul Islam Mollah (Md.)…………………Condemned Prisoner Vs. State………………………………&......d that the accused was watching television elsewhere in the night of occurrence and it is also alternatively suggested that the accused was a rickshaw puller in Dhaka and he was there at the relevant time. 8. The learned Additional Sessions Judge, on consideration of the evidence of the witness......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. ......mination on the dead body of the victim and found the following injuries: “1. Ecchymosis on the lower hip, both sides of face, forehead, occipital region of head, outer aspect of both arms and inner aspect of left forearm. On dissection congestions ere found under the above ment..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....s are disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. SM Rezaul Karim, Advocate- For the Pe......e request for holding enquiry and for rectification of the telephone bills. On 27‑5‑2001, respondent No.7 sent a bill for February, 2001 for Taka 3, 53,832 to the petitioner to be paid within the time mentioned therein. The petitioner took note of the bill and returned the original by keeping a ......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. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....e lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ...... P.W.6 constable Sree Dinesh Chandra Biswas, P.W.9 Constable EmraJul Islam, P.W.10 Constable Saumitra Chakma, P.W.12 SI Nazrul Islam and others surrounded the house of one Yousuf Ali Malitha. At that time the accused appellant Asadul and the accused appellant Mukul Hossain and two non‑local person......d in the first information report. They were cross-examined by the defence at length from where nothing significant could be revealed so as to demolish the prosecution case with regard to the alleged recovery of arms and ammunition from the possession of the accused appellants. P.W.7 Nazimuddin has ......ul and the accused appellant Mukul Hossain and two non‑local persons were sitting on the verandah of that house. Sensing the presence of the police force two accused persons hurriedly tried to hide arms and ammunition beneath the bed sheet of a bed in a room of the dwelling house of Yousuf Malitha..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
.... In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......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 first time", that failure to frame ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..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)
....ingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......ndant Nos. 1-3, 4, 5 and 8 filed two separate written statements but ultimately defendant Nos. 1-3 contested the case stating that the owner Syed Mahabubur Rahman was not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. Th...... 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. ...... 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. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....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. ......t, the Motijheel P.S. Case No. 26, 9.4.1994 as aforesaid was started which is pending before the Court of Chief Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under section 561A of the Code of Criminal Procedure for q......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. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
.... 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. ......Respondents Judgment March 22, 2005. The Representation of the People’s Order, 1972 (P.O. 155 of 1972) Article 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as securi......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. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....
This Case is also Reported in: 57 DLR (2005) 670.
...... 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 Court or the judges. It...... 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.
...... 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.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
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