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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. ......robir Neogi, Advocate‑ For the Applicants. M Moksadul Islam, Advocate‑ For the Petitioner. Writ Petition No.689 of 2005. Judgment SAN Mominur Rahman J.- This is an application for addition of parties. The applications also filed a supplementary affidavit dated 24‑4‑2005. ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......d others….......................................Respondents Judgment April 24, 2005. Result: The application is rejected. Case Referred to- 1995 BLD (AD) 12. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocate‑ For the Applicants. M Mok..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. ......gail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for ......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. ...... The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md. Shamsul Alam, Advocates‑ For the Petitioners...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. ...... of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for fur......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. ..................................Respondent Judgment April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the App..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. ......ash; For the Condemned Prisoner. Death Reference No. 19 of 2003 Judgment Sikder Maqbul Huq J. - This death reference under section 374 of the Code of Criminal Procedure is for confirmation of death sentence inflicted upon the condemned accused Rafiqul Islam Mollah for the......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. ......1986 BLD (AD) 5 = 40 DLR (AD) 200; State Vs. Abul Howlader, 48 DLR 257; Arzan @ Iman Ali Vs. State, 48 DLR 287; Mobarak Hossain Vs. State, 33 DLR 274; Al-Amin and 5 others Vs. State, 51 DLR 154. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General with Giasuddin Mithu, ..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. ......ommon judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills and disconnection of their telephones, praying for a direction for restoration of connection of their telephones. 3. In Writ Petition No.3230 ......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. ......pril 12, 2005. Result: The Rules are disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. ..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. ......cial Tribunal No.1 Chuadanga in Special Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossain on 8......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. ......p;…………Respondent Judgment April 11, 2005. Result: Criminal Appeal No.13 81 of 2002 is dismissed. Criminal Appeal No.1396 of 2002 is allowed. Lawyers Involved: Ashif Hossain, Advocate‑ For the Accused-Appellant (In Criminal Appeal No.1..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. ......) 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. ......…………………………………Respondents Judgment April 2, 2005. Result: The Rule is made absolute. Lawyers Involved: Monzil Murshid with Md. Abu Zafor Siddique, Advocates‑ For the Petitioner. ..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. ...... Judgment March 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was ma......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. ......eriod of limitation was barred by limitation and the same not being extendable in any situation appellant’s filing of the case after mutating their names was not competent. ..............(24) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Firoz Shah, Advoca..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. ......ocate-on-Record— For the Respondent. Omar Sadat, Advocate (appeared with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal Nos. 55-57 of 2005. (From the judgment and order dated 18-7-2004 passed by th......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. ......resent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwar..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. ...... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone exc...... 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 in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…….(6) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. ..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. ......a, 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 for the costs of the petition has not been deposited by the election petitioner‑appellant hims......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. ......owdhury vs. ABM Fazle Karim Chowdhury and others 2003 BLD (AD) 215= 9 BLC (AD) 10; Kamaraja Nadar vs. Kunju Thevar and others AIR 1958 (SC) 687. Lawyers Involved: Subrata Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..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.
......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সন...... 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.
......ilbert Ahnee and others Vs. DPP, [1999] 2 AC 294; Schenck Vs. United States (1919) 249 US 47; Near Vs. Minnesota Ex Rel Olson, 283 US 696, 697; Nebraska Press Association Vs. Stuart, 427 US 539.
Lawyers Involved:
Ajmalul Hossain, QC‑ For the Petitioner.
Dr. Kamal Hossain with Ramzan..
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. ......Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 by which the present petitioners were convicted under section 19A of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made ag......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. ......thers Vs. The State, 3 BLC 269; Babul Vs. Government of Bangladesh, represented by the Deputy Commissioner, Noakhali and another, 49 DLR (AD)111; State of U.P. Vs. Mohammad Nooh, AIR 1958 (SC) 86. Lawyers Involved: Md. Nurul Islam Chowdhury- For the petitioner. No one- For the respondent. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....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. ......60 of the Income Tax Ordinance, 1984 arises out of an order dated 16‑7‑2003 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal (ITA) No.4502 of 2002‑2003 (for assessment year 2000‑2001). 2. The assessee applicant had been carrying on transport busi......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. ......l. 26 page 79; Additional Commissioner of Income Tax, Kanpur Vs. Glass Miniature Bulb Industries, 1983 BTD 106;Narayan Chandra Baidya Vs. Commissioner of Income Tax, ITR (1951) Vol. 20 page 287. Lawyers involved: Shah Khashruzzaman with Reshma Sultana, Advocates-For the Applicant. K..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
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. ......eration money and to execute and register the kabala deed but the defendant No.1 refused to execute and register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a writ......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. ......d to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162; Muslemuddin (Md.) and others Vs. Md. Jonab Ali and others, 50 DLR (AD) 13. Lawyers Involved: Md. Nurul Amin with Kazi Md. Shahiqul Hassan and Gazi Md. Mamunur Rashid- For..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....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. ......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i......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. ......ujibul Haq and others, 41 DLR (AD) 68; Mahbubur Rahman Vs Divisional Election Tribunal and others, 6 BLC (AD) 45; Mahmudul Haque (Md) vs. Md. Hedayethullah and others, 48 DLR (AD) 128. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate (Faheemul Huq, Advocate, with him) i..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. ......ase No.71 of 1983 convicting the accused-petitioner No.1 Mohiruddin Mondal alias Md. Mohiruddin Mondal under section 323 of the Penal Code and sentencing him there under to suffer simple imprisonment for one year and to pay a fine of Taka 1000 (one thousand) in default to suffer simple imprisonment ......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. ......ade absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan with Ziaur Rahman- For the Petitioners. ..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. ......2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examin......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. ....... Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amir..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: ......dated 15-3-2000’…………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md Wahi......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: ......………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md Wahiduilah, Advocate-on-R..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)
....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. ...... the respondents should not be directed to make payment against pension and gratuity to the petitioner, since retired on 19‑2‑1995, in terms of the Service Rules and why the officials responsible for the non‑payment of the pension and gratuity to the petitioner in terms of his service conditio......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. ....................Petitioner Vs. Secretary, 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 Respo..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
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