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Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....sia in the name and style 'Jamuna Future Park' in Dhaka. The said project is proposed to contain a multi‑storied shopping mail having 5 lac sq. ft (47000 sq. meters) spaces per floor and in total there will be 6 floors. The project will contain a 5 Star Hotel, a hospital under joint ventur...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......pt of the memo. No order for demolishing any structure can be issued without any show cause notice as required under section 3B (1)(6) of the said Act, 1952. So, the impugned memo is illegal, without jurisdiction and without any lawful authority. The petitioner No.1 vide their letter dated 18â€..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......te Party Judgment May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misrea..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......Settlement by its judgment and order dated 10‑4‑1988 dismissed the case. A review application filed thereafter was also rejected. They therefore, moved the High Court Division in its writ jurisdiction. The High Court Division by the impugned judgment and order made the Rule absolute sett..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......r observed that,
"If the order
dated, 2nd April, 1973 issued under the signature of the Prime Minister's
Private Secretary is taken as a definite order for cancellation, yet it is
without jurisdiction since the derequisition order already became effective as
soon as it was communicated ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ...... of section 26 provides that the Tribunal shall be constituted with a judge who would be appointed from amongst the learned District and Sessions Judges by the Government. Section 27 provides for the jurisdiction of the Tribunal. Sub-section (1) of section 27 as amended lays down the detailed provis..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....pplicant for the maintainability of the petition filed seeking setting aside of the ex parte decree passed in a SCC suit is to comply with the provision of the proviso to section 17 (1) of the Act in totally i.e. he is to deposit the decretal amount or furnish security for the performance of the dec...... of justice and as such the court should not read something in a particular provision of law which lead to denial of justice. In expounding the said submission the learned Counsel submits that in the absence of money element proviso to section 17 (1) of the Act has no application to a decree of the ...... its original file and number so far the same concerned the defendant No.2. 8. The plaintiff-Respondent No.1 as against the order dated August 24, 1998 moved the High Court Division in revisional jurisdiction and obtained Rule as mentioned hereinbefore. 9. The High Court Division made the Ru..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......, since the writ petitioner takes the risk as to maintainability of the petition on the ground of joinder of the party. It has been further submitted that the Rule as issued can be disposed of in the absence of the applicants, inasmuch as the writ petitioner has challenged the impugned notice sent b......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....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. ......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. ......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)
....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. ...... to establish an illicit connection with her. On 20‑4‑2000 her father left home along with his van (for hire). Her mother went to visit her elder daughter. On the said date at about 11‑00 AM in absence of her father and mother he entered into their south‑facing dwelling hut and by pressing h......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)
....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. ......-sheet against Md. Rafiqul Islam Mollah, husband of victim Salina Begum. 3. The accused absconded after the occurrence and the learned Sessions Judge, Gopalganj, framed charge against him in his absence for the offence under section 302 of the Penal Code and the case was subsequently tried by t......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)
....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. ......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. ......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)
....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. ......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. ......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. ......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. ......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. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....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. ......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. ......acquiring body to assess the value of the land at Tk. 30,000/- per decimal and to pay the awarded compensation within 60 days. Thereupon the acquiring body moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. The High Court Division made the Rule absolute on the..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)
.... 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. ......s filed in 1982 in respect of the three storied building on 140 square yards of land, the valuation of which cannot be twenty two thousand and the suit is undervalued. It was further held that in the absence of a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman wa......6 of 1972. He acted on an application filed by the plaintiff on 16-3-1982, i.e.. 10 years after the prescribed period and, as such, the proceeding taken by the prescribed authority was itself without jurisdiction and void ab initio which the High Court Division failed to consider. He further submits..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
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. ......ion made by the Advocate of the appellant was not in accordance with Article 49(4) of the Order and thus misconstrued the provision of the said Article. 5. He further submits that in the absence of any specific Rule the Chief Justice of Bangladesh was competent to give necessary directi......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
.... 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.
......titute the offence of contempt of this Court, 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 Artic......ry has stemmed from the English Law. The Superior Courts of Record in England have from early times exercised the power to commit for contempt persons who scandalized the Court or the judges. It is a jurisdiction as old as the Common Law itself of which it forms part. As we have said that the Suprem..
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. ......Act. No provision has however been made in the Arms Act for obtaining license from the prescribed authority for possessing bayonets, swords, daggers, spears, spearheads and bows and arrows and in the absence of such provision in the rules for obtaining license for such kind of arms whether a person .......9.02 but the petitioners being very poor could not collect requisite money to prefer an appeal within 30 days as prescribed by law. Having no other efficacious remedy the petitioner invoked the writ jurisdiction for setting aside the impugned judgment. 3. Mr. Nurul Islam Chowdhury, the learned A..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....ax Ordinance, 1984 to the Deputy Commissioner of Taxes showing income from Messrs Good Luck Transport Agency at Taka 95,150 and 50% share of income from Messrs Surma Paribahan Sangstha at Taka 82,058 total income being Taka 1,77,208 and the Deputy Commissioner of Taxes accepted the said return under......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......‘18, Chittagong, Zone‑3 is legally justified to call for the TIN (Tax Index (Sic) Number) from the customers who carries their business at Chapai Nawabgonj, Rajshahi, Bogra, Jessore beyond the jurisdiction conferred upon the learned (Sic) Deputy Commissioner of Taxes by the National Board of ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
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