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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....e Penal Code. 11. Section 415 of the Penal Code is in the following terms: “Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally in...... in: 57 DLR (2005) 546. ......ciates Ltd., who opined the proposal of World Tel Holding as acceptable and without calling for further international tender, the agreement was signed with World Tel Holding. These facts constitute illegal connivance and also to facilitate World Tel Holding Ltd. with the said job of installing 3 lac..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....s from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek relief in a properly constituted suit but in the present suit as framed the plaintiff is not entitled to any rel...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....n all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting the person or property or other right of the parties concerned. This Rule applies even though there may be no posi......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... Iodine Deficiency Diseases Prevention Rules 1994, hereinafter referred to as the Rules, provide certain duties upon the officers including the respondents No. 1 to 5 to ensure production and sale of proper iodized salt in the market. But it appears that the concerned officers as well as the manufac......eported in: 25 BLD (HCD) (2005) 83. ......the rule. 5. The learned Advocate appearing for the writ petitioner, taking us through the writ petition and the Annexures thereto, submitted that the petitioner No. 1 is a non-profit NGO, providing legal assistance in protecting the legal rights of the people, and being concerned with the sale of ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....tion and the suit land was wrongly recorded in the names of defendant No.1 and his mother Gafuran Nessa. Their further case is that Gafuran Nessa and her heirs have no tide and possession in the suit property. The wrong recording of the suit land in the name of defendant 146.1 clouded the title of t...... Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.....2 of 1994 under sections 409/420 of the Penal Code, pending before the Court of Senior Special Judge, Cox's Bazar, should not be quashed or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposal of the Rule are that the above mentioned s......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon......n-recovered loan was raised to Taka 63, 27,968.72 after calculation of interest. It is alleged that accused petitioner has sanctioned those unauthorised loans for personal gain as well as extending illegal facilities to others and thereby caused huge financial loss to the Bank. The accused petitione..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
.... 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the a...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition i......02 filed an application under Rule 10(2) of Order I of the Code of Civil Procedure praying for adding him as party in the suit stating, inter alia, that his father acquired the land by putta from its legal owner and he gifted the property by registered deeds of gift dated 05.02.1960 and 25.11.1986 t..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....e-construction according to section 18 (Uma) of Premises Rent Control Act, 1991. In the facts and circumstances of the case and materials on record, we are of the view that the High Court Division on proper assessment of the materials on record arrived at a correct decision and there is nothing to i...... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the P......ght, title, and ownership over the suit premises but the defendant opposite party did not pay the monthly rent of Tk. 140/- to the plaintiffs and became defaulter. The defendant opposite party also illegally modified the original construction and carried on some new construction work therein without..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... neither affected persons nor awardees. 6. Admittedly, the land has been requisitioned in the aforesaid LA Case in the year 1959‑1960 and the land in question has been finally acquisitioned by proper gazette notification and after the publication of the acquisition notice the ownership vested...... ......, acquisitioned by publishing gazette notification on 31‑8‑1960. It has further been contended that the land in question having been acquisitioned finally the petitioners do not have any title or legal possession therein nor they have get any structure or homestead thereon. The respondent No.1 c..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......ivil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The peti......anuary 18, 1995 while the respondent No.5 joined in Grade-I on December 26, 1994, that had the writ-petitioner been aggrieved because of his appointment in Grade-II he ought to have challenged the legality of the amended Rule immediately after he noticed his appointment in Grade-II and having ha..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......m J
Amirul Kabir Chowdhury J
The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner
Vs.
Mrs. Momtaz Begum and another .....................Respondents
Judgment
December 4, 2004.
Result:
The lea......e deed she received letter of cancellation of the allotment under memo of the Government dated 02.01.1993. She then moved the High Court Division under Article 102 of the Constitution challenging the legality of the said letter. The petitioner as writ respondent No. 1 contested the rule filing affid..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....; The Criminal Amendment Act, 1958(XV of 1958), Section 4 Application for according sanction to prosecute the applicant admitted to have been sent in proper channel but required sanction has neither been received nor refused within sixty days. It h......ional Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent. Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 o...... requirement of publication of notification in gazette as well as in a national daily but in the instant case no such notification was published in any national daily and, as such, the trial became illegal and without jurisdiction. The other grievance raised by the learned Advocate is that admittedl..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ere not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplated under Article 7(2) and (3) of President's O......ereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplate......assed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant land comprising 140 square yards ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......nal Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rul......vember 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedings against other party in respect of any matter agreed to be referred to arbitration,..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
....... Joynul Abedin J
Zubayer Rahman Chowdhury J
Salauddin Ahmed ..........................................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
Judgment
March 23, 2005.
Result:
The Rule is made abs...... Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to give sanction to the case and..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....d sentence passed by the trial Court. Now, the only question which has been agitated in this appeal is whether conviction under sections 302/149 of the Penal Code of all the convicts was proper in the instant case. 4. Mr. A. K. M Faiz, the learned Counsel who appeared on be......bsp; Ed. ......o pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under sections 302/149 of the Penal Code when the prosecution ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representat......65, Kishoregonj‑1 constituency and for other reliefs alleging, inter alia, that in the polling at 26, Burudia High School Polling Centre at about 10‑00 AM on the date of election some outsiders illegally entered into the polling station, drove out the agents of the election petitioner‑ respond..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....tcome of such repeated remands although the learned Deputy Attorney-General appeared before us with submissions in detail, opposing the petition. 5. From the circumstances as aforesaid, we feel it proper to direct the respondents not to go for further remand of the accused in connection with the ......orted in: 56 DLR (HCD) (2004) 620. ......larly known as ‘Bomb Blast’ case, and in connection with that case the accused Partha was once again taken on police remand which is liable to be declared as without lawful authority and is of no legal effect. 3. On the application as aforesaid we directed the respondent to produced the said ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
...., inter alia, that the case was not maintainable in its present form and frame, bad for defect of parties and barred by limitation. The substantive case of the pre-emptees, in short, is that the case property was originally a ditch and they filled it by earth and constructed dwelling hut thereon spe......05) 23....... he had the definite knowledge about the transfer. The case land is indispensably required for the pre‑emptor's own use and occupation. He has no land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case d..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......)
Present:
Md. Abdul Matin J
Tariq ul Hakim J
Northpole (BD) Ltd......................................Petitioner
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is...... upon the respondents to show cause as to why withholding/not granting tent permission in favour of the petitioner should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioner, a 100% foreign-owned Company incorporated in Bangladesh under ..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
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