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Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....234; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md. Abdul Majid and others, 2 BLC (AD) 11. Lawyers Involved: Abul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑The Opposite Parties. Civil Rule No. 509 (Con)......ferred by the plaintiff-petitioner as appellant. Being aggrieved the petitioner brought a Civil Revision application under section 115(1) of the Code of Civil Procedure to this Court which was out of time by 960 days. Hence this Rule. 3. Mr. Abul Kalam Mainuddin, the learned Advocate appearing ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
..... Ed. This Case is also Reported in: 57 DLR (2005) 239. ......e Shahidul Islam vide order dated 5‑12‑2004 vacating the stay order, but on 12‑12‑2004 the unsigned order was recalled as the Court had no jurisdiction to deal with the matter at the relevant time Thereafter, the learned honorable Chief Justice has sent the application for vacating the stay ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....inal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment January 9,......y pleaded not guilty and claimed trial. The evidence of P.Ws. was closed and the case was fixed for examination of, the accused persons under section 342 of the Code of Criminal Procedure. In the meantime the Government issued Memo No. বিবিধ-২১/২০০১ (আইন-১)(সাঃ-......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....e other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... bainapatra but none of the plaintiffs has deposed in support of their said case, that although plaintiffs, ‘‘karjakarak', PW 1, father of the plaintiff Nos. 1 and 2 deposed that at the time of bainapatra defendant No. 2 (appellant) was present but other PWs have not supported the PW......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgment January 4, 20......desh, Dhaka lodged the first information report on 8‑1‑2002 with the Ramna Police Station, relating to the occurrence between 22‑11‑98 a and 12-7-2001 alleging that Md. Nasim, at the relevant time, Post and Tele-Communication Minister and AHS Rahman, Director, Consociates Ltd. in collusion w......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......meeting and by misusing his position, single handedly appointed Consociates Ltd. as consultant, although there was no such provision. In that meeting, it was informed to the Minister that some other farms also applied for being appointed as a consultant but the Hon'ble Minister stick to his earl..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....t: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was not served with a notice before cancellation of licence by the impugned general notification nor he had been given any opportunity of being...... have been committed unless the licence of the licensee validly cancelled following the proviso of law, unless he is asked to deposit and surrender the possession of the arms within certain specified time and he fails to deposit the arms within that specified time. The petitioner having possess......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... notification nor he had been given any opportunity of being heard and 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..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)
.... Judgement Shah Abu Nayeem Mominur Rahman J.-This Rule was issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content conforming ......ffidavit-in-opposition has been filed. No one appeared on behalf of the respondents to contest the Rule. 4. However the learned D.A.G. and the learned A.A.G. assisted the Court since required at the time of hearing of the rule. 5. The learned Advocate appearing for the writ petitioner, taking us t......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..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)
....sion 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. ......t by filing written statement. They denied the material allegations made in the plaint and contended, inter alia the interest of plaintiffs predecessors extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the def......e view that the High 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. ......e view that the High 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. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... Ed. This Case is also Reported in: 57 DLR (2005) 727. ......cceed. Accordingly, he had been dismissed from service by initiating a departmental proceeding. As such, the petitioner accused, being Manager of the City Bank branch, Cox's Bazar at the relevant time, committed offence under sections 420/409 of the Penal Code read with section 5(2) of the Preve......ellip;….....(6) One person may have to bear civil as well as criminal liability for the same occurrence As because there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not c...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......The defendant Nos. 1 to 3 appeared and filed written statement stating, inter alia, that the plaintiff-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government o......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury and another, 47 DLR (HC) 307. Lawyers Involved: ......, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared before the Court through a Lawyer and by filing power and petition took time for filing written statements on 18-4-95 but subsequently did not file any written statement an......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....K and others..............................Respondents Judgment December 4, 2004. Result: The Rule is discharged. Lawyers Involved: Idris Khan with Md. Nowshad Zamir and Sathika Hossain, Advocates-For the Petitioner. Khasruzzaman with Reshma Sultana, Advocates-For R......ment orders given in favour of one Abdul Quadir whose name is in serial No.50 of the list of 92 persons. It has been stated that the petitioners apprehended that the petitioners may be evicted at any time and in the event of their eviction they will be thrown on the streets. The petitioners are bona...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....ereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......king into consideration of the fact, that in the proposed amendment of 1997 the Graduates in Naval Architecture and the Marine Engineering (qualification the writ-petitioner had not at the material time) have been recommended for the same grade i.e. Grade-I and thereby the writ-petitioner and th......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. ......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. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....0 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......958, hereinafter referred to as the Act, was in force according to which a notification in the official gazette directing an absentee accused for appearance before to the court was sufficient. At the time of hearing the learned Additional Attorney-General produced Memo No. 4561 dated 30‑3......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....Ed. This Case is also Reported in: 57 DLR (2005) 234. ......against the owner. He further submits that the record shows that Viking Associates Ltd. refused to accept the summons on behalf of Regent Ken International Ltd. and that confirms the fact that at the time of institution of Admiralty Suit No.5 of 2004 they were not the local agent for the petitioner ......lty Suit No.5 of 2004. 2. Facts relevant for disposal of this Miscellaneous Case are that the opposite party as plaintiff, instituted Admiralty Suit No.5 of 2004 against the vessel MV Accord for recovery of Taka 1,83,62,477 for the supply of necessaries as well as for their services tendered to......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: The Rule is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present ......াছে বলিয়া মনে করি।” The respondents in their affidavit-in-opposition has not stated anything about taking over of possession of the said house property at any time between 28‑2‑70 and the date of inclusion of the same in the "ka" list. The petit...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....nology SDN BHD and others..........Opposite Parties Judgment November 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 o......খতিয়ার আদালতের থাকিবে না।" 24. Close reading of the above provisions makes us clear, that notwithstanding anything contained in other law for the time being in force, where a party to an arbitration agreement initiates legal proceedings against o...... 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. ...... 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. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
.... occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......he members of the unlawful assembly. 3. The prosecution case is that on 10‑2‑1989 at about 9‑00 AM the informant Sona Mia was passing by the 'ail' of a land and at that time accused Dilbahar asked him as to why he uprooted the fencing of his land. The informant denied ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102