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Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....r 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. Government of Bangla......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. ......and a gachi dao which were allegedly found to be in possession of the petitioner no. 1 Ali Hossen @ Ali and petitioner no. 2 Md. Anisur Rahman @ Anis do not come within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the provision of s......gger (chora) and a gachi dao which were allegedly found to be in possession of the petitioner no. 1 Ali Hossen @ Ali and petitioner no. 2 Md. Anisur Rahman @ Anis do not come within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the p..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....se is also Reported in: 57 DLR (2005) 574. ......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. ......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)
....esult both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......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. ......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)
....igh Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Mohiruddin Mondal alias Md. Mohiruddin Mondal and others.........Petitioners Vs. State...................................................Respondent Judgment March 14, 2005. ......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. ......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)
.... (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Ayub Ali..........................................Petitioner Vs. State..............................................Opposite Party Judgment March 12, 2005. ......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. ...... started leaving the meeting venue. At that time first information report named 17(seventeen) accused persons and 10/12 unknown persons under the leadership of accused Nurul Islam Dipu armed with firearms coming from back came to the place of occurrence firing shots. Accused Nurul Islam Dipu and Sha..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....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: ......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: ......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)
....retary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: The Rule is made absolute. Lawyers Involved: Fouzia Karim, Advocate- For the Petitioner No one appears- For the Respondents. Writ Petition No.1530 of 2002......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. ......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)
.... Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant Attorney‑General‑ For the Respondents. ...... 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. ......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)
....ions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... 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......uction the defendant allegedly intended to make would block plaintiffs' passage to and from his land The plaintiff, in the case reported in 3 BLC (AD) 78 filed suit for declaration of title to and recovery of khas possession of the land in suit. Therein plaintiff prayed for injunction to restrai....... 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
.... Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... clearly
claiming that all the S.A. recorded owners namely, Nipendra Nath Basak,
Nagendra Nath Basak, Digendra Nath Basak and Bhupendra Nath Basak, all sons of
Priaya Nath Basak left for India sometimes in 1965 and the suit property became
enemy and vested property. It is not denied that in the ...... property stated proved.
The trial court further found that the plaintiffs of the earlier suit were not
in possession of the entire suit land and in the earlier suit they were
required to pray for recovery of possession and since on such prayer was made,
the decree as obtained by fraud. The tria...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
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)
.... others………………………………..Respondents Judgment February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. Mushfiqur Rahman, Assistant Attorney-General-For the Respondents.......d the Chief Engineer to stay the payments against such projects under serial No.9-36 and to allow those money in the sub-project Nos.1 to 8. 4. It is further stated in the petition that in the meantime by an order dated 19.11.2002 (Annexure-J) the Ministry of Communication, released the first ins......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. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....on 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.
......es of nominal value of Taka 60,000 in his or her own name and in terms of Article 44(a) the office of a director shall be vacated, if any, director fails to obtain the qualification shares within the time, as specified under section 97(1) of the Companies Act, 1994 or at any time any such director c...... 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.
...... 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.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....t and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... On 11.06.1989 when Mr. Abdur Rouf was in charge of the examination centre there was some trouble in which the Upazilla Nirbahi Officer, Mr. Babul Mazumder was assaulted by some miscreants. At that time the respondent was in his office doing his normal duties. When he heard hue and cry from the ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (unreported). Lawyers Involved: Md. Nurul Mostafa, Advocate- For the Petitioner. Mohammad Ali Azzam, Advocate- For the Opposite. Civil Revision No......gments and decrees of the Courts below and the evidence adduced by the parties, submits that both the Courts below did not comply with the directives given by the learned first Appellate Court at the time of remanding the Title Suit No.91 of 1977 back for re‑trial on specific direction to find out......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. ......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)
....the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......ement by the original landlord. Section 20(2a) of the State Acquisition and Tenancy Act speaks as under: Section 20(2a).— Notwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any Court lands of......-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. ......-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)
....ce 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. ...... Such form of lease is not germane to the concept and proposition as to lease recognised under the law. A lease of immovable property is a transfer of a right to enjoy such property, made for certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of mone...... 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. ...... 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)
....=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with Ramzan Ali Sikder, Advocates‑ For the Petitioner. Khondker Mahbubuddin Ahmed with KZ Alam, Advocates- For Respondent ...... In the light of the above, we do not find any substance in this Rule. 22. In the result, the Rule is discharged without any order as to costs. The interim order passed by this Court at the time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Report...... judge, Dhaka seeking declaration that the decree dated 15-6-1988. (Annexure-E) passed in Title Suit No.84 of 1988 and the deed of exchange dated 3-6-1989 were illegal inoperative and also sought for recovery of khas possession. The plaint of the suit was rejected on a contested hearing by judgment ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....e, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ...... fields of the informant armed with dangerous weapons like fala, chhora, lathi, ram‑dao, etc and pushed their cattle heads in the said field in order to damage the sugarcane field; at that point of time the nephew (Bhagina) of the informant Asmat Ali attempted to resist those cattles from entering......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. ......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
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....ein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......n record it is seen that the plaintiffs never took physical possession of the land in suit that when the plaintiffs have admitted possession of the defendant their remedy lies in filing a suit for recovery of khas possession, that as the plaintiffs and the defendant are co-sharers of the land in ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....hellip;……Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit ......elevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
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