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Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......ence on record and critical analysis of the case it appears that the charge under section 409 of the Penal Code and 5(2) of the Act II of 1947 were not framed against the accused in accordance with law, in as much as the charge do not contain particulars as to the time and place of the alleged of..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ...... decree was not legal. The learned Counsel submits that there should be attempt by the court to serve the cause 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 t..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. ......4/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be without lawful authority, on the assertions of the writ petitioner that the building has been constructed as..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. ......ring the facts and circumstances of the case and evidence on record passed the impugned judgment on the basis of mere surmise and conjecture and he passed the order of conviction and sentence in an unlawful manner and the court of appeal below also without applying with judicial mind dismissed the a..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. ......e jail appellant under section 9(1) of the Ain, 2000. On conclusion of investigation-police submitted charge sheet against the jail appellant for the offence punishable under the aforesaid section of law. The offence being triable by the Nari‑o‑Shishu Nirjatan Daman Tribunal the record of the ca..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. ......t to the house of her husband and she began living there with him. On 9-2‑1994, Pachu Sharif received information through P.W.2 Eku Mollah that his daughter had died in the house of his son-in-law in the night following 8‑2‑1994. Pachu Sharif then went there and saw the dead body of his d..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. ...... Judgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills ..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. ......f the trial a charge under section 19(f) and 19A of the Arms Act was framed against the accused persons which was read over to them who pleaded not guilty thereto and claimed to be tried according to law. 4. During trial the prosecution examined as many as 12 witnesses out of 15 charge-sheeted ..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. ......petition and in view of the fact that the respondents have not controverted the allegation made in the writ petition, the impugned Memo dated 17‑12‑2003 (Annexure-1) is declared to be without any lawful authority and of no legal effect. In the result, the Rule is made absolute. The responde..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. ......g Tk. 30,00,000/-, that the appellants in the arbitration case claimed that they are entitled to get the award for an amount of Tk. 1,58,00,000/- along with 20% additional compensation as provides by law. 5. The arbitration case was contested by the acquiring body as well as by the requiring..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. ......ter of the said Ministry approved the same as per noting of the concerned official responsible for the evaluation of the tender and it was done bonafide in usual course of business in accordance with law and in compliance of his lawful duty as a concerned Minister. The petitioner Safiur Rahman was t..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. ...... No. 16 of 1972 is a statutory authority and his order is binding on the government and hence the property is not abandoned property, the taking over of possession by government was not authorised by law and the plaintiff could recover khas possession. The suit is also not barred by limitation becau..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. ......le 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the p..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
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. ......r of the petitioner on 1.9.02 and the certified copy was delivered on 25.9.02 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 asi..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. ......der of Appellant Authority and confirming the order of assessment of the Deputy Commissioner of Taxes. 8. In the aforesaid facts, the assessee applicant has formulated the following questions of law which arise from the impugned order of the Taxes Appellate Tribunal. "(a) Whether in t..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. ......the judgment and decrees passed by the appellate Court below as well as by the trial Court have resulted in an error in the decision occasioning failure of justice and the same are not sustainable in law. 7. Mr. Md. Aminul Islam, the learned Advocate appearing for the opposite party No.1, submi..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. ......ed 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 in law no writ petition is maintainable………………….(15, 1..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. ......at the examination under section 342 of the Code of Criminal Procedure of the accused persons before the trial Court is highly defective and the same was not done in accordance with the provisions of law. He further submits that the Court of appeal below affirmed the conviction and sentence of the t..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. ......ujarat reported in 1980 CriLJ 29. 5. On going through the application filed by the investigation officer Annexure-E, it appears that it is filed through the public prosecutor without quoting any law and it starts with certain words in Bengali (এই মর্মে প্রতিবেদন ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3