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Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....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. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....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. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....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. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
.... 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......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
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......ocuments were annexed to the application. Considering the prayer of the petitioner, the competent authority published a gazette notification on 10‑7‑1997 inviting objection, if any, regarding the appointment of the petitioner as Notary Public within 14 days of the Publication of the gazette noti..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....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. ..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)
....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. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....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. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....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. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....t of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit land by creating hut thereupon. At the time of receiving the advance money the defendant No.1 delivered the sub‑kabala deed of the suit l......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)
....Court No.1, Dhaka for realization of Tk.5 crores against Weaver Bird Sweater Limited, of which writ-respondent No.7 is a director and the case is still pending before the said Court and that at the time of submission of the nomination paper, the writ-petitioner verbally raised objection aga......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....est of the victim Shamsad Ali which has been stated in his report. 23. Corroborating P.W.2, P.W.11 Dr. Mir Mahabubul Alam deposed that he was attached to Pabna Sadar Hospital during the relevant time and on 30‑7‑1983 he issued discharge certificate of Shamsad Ali (marked Exhibit‑2) who wa......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)
....ting was started at 10‑00 hours and concluded at about 12‑35 hours. Soon after the meeting concluded the brother of the informant and all others present started leaving the meeting venue. At that time first information report named 17(seventeen) accused persons and 10/12 unknown persons under th......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)
....mills area. Later, SM Golam Rahman (respondent No.2) and some other workers and leaders brought the situation under control and the workers on receipt of their payment left the mills premises. At the time when and agitation were going on in the mills premises certain workers started throwing brick-b......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: ..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)
....n application for payment of his pension and 80% of the gratuity but till date he has, not been paid his pension or gratuity. The learned Advocate then submits that the writ petitioner has in the meantime, been forcibly ousted from the government accommodation. 6. The learned Advocate, referrin......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. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
.... of Taka 3,90,000 for non‑obtaining of CRF certificate inasmuch as SRO No.316 dated 19‑10‑1999 has been repealed and superseded by SRO No.255 dated 19‑9‑2002. 2. It appears that at the time of preferring the writ petition the petitioner was not well acquainted with the correct positio......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... fact, 3 witnesses have been examined. Even if submission of the learned Counsel of the respondent is accepted then too it is seen that the prayer of the defendant No. 52 to make construction at a time was considered and allowed by the High Court Division while hearing of the suit was going on a....... 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