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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. ...... defence contention P.W.1 who visited the place of occurrence did not find injury on the person of the victim and it is not challenged that the death of the victim 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..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....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. ......We have categorically considered the depositions of all the P.Ws. in support of the prosecution case. After considering the depositions of the witnesses and evidence available on record we are of the view that the learned Special Tribunal Judge arrived at a decision which is based on sound reasoning..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....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. ......tary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar Ansari………...Respondent. Judgment April 9, 2005. Result: The review petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General,..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....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. ......h for its immense help to the distressed people. In Bangladesh, only Allopathic system of treatment and use of Allopathic medicine were recognised, regulated and controlled by the Drugs Act, 1940. In view of the fact that the Homeopathic medicine and Homeopathic system of treatment were useful and w..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
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. ......titioner and thereby removed his name from the Notary register. It is contended that the cancellation is ex facie arbitrary, discriminatory and malafide. The petitioner also filed an application to review the decision of the authority but without any result. It has been contended that no show cause ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
.... barred by limitation and therefore the High Court Division was in error in holding that the arbitration case was barred by limitation as the appellants had knowledge of the award since 18-03-1993 on erroneous interpretation of section 28 of the Ordinance for the purpose of computing the period of l......rbitrators was barred by limitation, that the opposite parties in the arbitration 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 ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......final decision could be taken by bargaining with the FCO to supply the passport books at the rate given by Calcutta Security Limited and that the Joint Secretary of the Ministry of Home accepted the view of the note and the former Minister respondent in Criminal Petition No. 55 of 2005 permitted an..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... 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)
....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. ......ceeding ought not to have been quashed and that the finding to the effect that had the allegation been made at the time of supply of the machineries in 1988-89 the court would have taken a different view into the matter. He further argued that the ingredients of section 415 of the Penal Code are at..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. ......respondent No. 3 along with other respondents filed written objections. It was contended, inter alia, on behalf of the contesting respondents that the election petition itself was not maintainable in view of non-fulfilment of Article 49(4) of the Order inasmuch as the sum of Taka 2,000 as security f..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.
...... let us deal with certain preliminary jurisprudential aspects of this case as raised by the learned Counsels of the parties. It has been contended that in absence of any definition of contempt and in view of the protection of the freedom of press by Article 39 of the Constitution the law relating to..
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)
....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. ...... by the Government. Therefore, for possessing the dagger and gachi dao the petitioners have not committed any offence under the Arms Act. Regard being had to the above provision of law our considered view is that the accusation of the petitioners under the Arms Act was wholly without jurisdiction an..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....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. ...... present and except those none was present. Besides, P.W.1, stated in his evidence that Sana Mia was present at the time of talk. But in the plaint the name of Sona Mia is totally absent. 11. In view of the above self-contradictory statements of plaintiff P.W.1 regarding time and place of talk ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....Election Tribunal and others reported in 6 BLC (AD) 45. 17. In consideration of the facts and law on the point we find that the High Court Division approached the matter from an erroneous view making unnecessary lengthy discourse regarding the meaning of 'election', 'disquali&......tion to entertain any matter relating to election unless there is corum-non-judice or malice in law as decided by the Court in the case of A.F.M. Shah Alam reported in 41 DLR (AD) 68 inasmuch as in view of specific provision of law providing specific relief, resort to Article 102 of the con..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....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. ......chest of the victim Shamsad Ali causing blood injury for which he had to undergo treatment in Bogra Mohammad Ali Hospital, Pabna Sadar Hospital and lastly, in Mohakhali Chest Hospital. The consistent view of almost all P.Ws. in regard inflicting of fala blow by accused-petitioner Mohiruddin on Shams..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....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. ......rial allegations contending, inter alia, that instant criminal revision has been filed on vague, incorrect, fabricated and concocted statements and grounds only to prolong proceeding of the trial, in view of the allegation that the Central Jubo League Leader Nurul Islam Sarker executed the killing i..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....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: ......est of the enterprise, which plays a very important role in the national economy, without consideration of the fact that their case was barred under the proviso to section 25(l)(b) of the said Act in view of the fact that they were neither terminated from service for any Trade Union activities nor t..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....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. ......ut jurisdiction inasmuch as SRO No.316 dated 19‑9‑1999 is repealed by SRO No.255 dated 19‑9-2003. Therefore, the respondents have no authority to realise the same amount from the petitioner. In view of our aforesaid discussion, we find substance and force in the submissions of Mr. Mohiuddin. ..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)
..... 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. ...... No. 52 to construct a new building in his own place if the said construction does not diminish the value of the property. The High Court Division while making the Rule absolute also expressed the view that in allowing the defendant No. 52 to make the construction at any rate the value of the pr..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... 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.
......ed on 5.6.1980
as the law on enemy property itself died with the repeal of Ordinance 1 of
1969 with effect from 23.3.74 and no further vested property case could be
started thereafter. In that view of the matter the plaintiff having failed to
prove that the S.A. Recorded tenants left for..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
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