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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. ......at 28/1, Nabin Chandra Goswami Road, PS Faridabad, Dhaka which belonged to her husband Mr Md Akhtar who purchased it by a registered deed dated 28‑3‑1956. During the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in question unde..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
.... persons under sections 1 (Kha) and 30 of the Nario- Shishu Nirjatan Daman Ain, 2000 read with section 3!3'34 of the Penal Code. But the Tribunal rejected the inquiry report on misconstruction of the provision of section 27 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and, as such, the impugned ord......is Court. 4. Mr. Rehan Husain, the learned Advocate appearing on behalf of the complainant appellant, submits that the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal committed error of law in passing the impugned order dated 9-6-2004 rejecting the inquiry report submitted by the learn..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....urther alleged that the accused collusively since 25.6.1987 to 27.7.1987 invested TK. 2,78,04,000/- in the nine business concerns without any colateral security, similarly in 1984 by violating the provisions laid down in clause 29, 49 and 53 of the circular of the investment 1984, invested TK. 7......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)
....n by the court but beyond the period of limitation the application for setting aside ex parte decree shall be treated to have been complied with the requirements of the proviso. Non-compliance of the provision of that proviso makes the application incompetent………………….(18 & 20) ...... 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)
....the inmates of the house for ascertaining the involvement of the accused appellants as regard the recovery of arms and ammunition from their possession. Their another contention is that the mandatory provision of section 103 of the Code of Criminal Procedure being not complied with in the instant ca......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)
....ation and deposited required the fee and expressed his intention to practice as Notary Public, therefore, the authority for the sake of fairness had no other option but to renew the licence under the provision of Notary Public Ordinance, 1961 and the Rules made thereunder. 5. Having heard the l......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)
....posed of directing them to get their title settled through civil court and then they filed suit and got the decree and on the basis thereof got their names mutated, in the revenue record, that as per provision of section 28 of the Ordinance the petitioners were required to file petition seeking revi......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)
....sition as public servant, obtains or attempts to obtain for himself or for any other person any valuable thing or pecuniary advantage, or .......................... 12. From the aforesaid provision it appears that if any public servant in any way abusing his position as public servant ob......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)
....in law in holding that the deposit for security for cost of the election petition 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 specifi......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
....w to make an order for the investigation of or punishment for any contempt of itself."
15. Therefore, our Constitution purposely preserved this power and also made Article 39 subject to the provision of contempt of Court.
16. The Constitution has not defined Court of records. The Gene......cember 1990 has been annexed and marked as Annexure-E to the Contempt petition. It has further been asserted that the petitioner is the father of said Justice Faisal Mahmud Faizee and is a practicing lawyer of this Court and Justice Faisal Mahmud Faizee is the Additional Judge of the High Court Divi..
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)
.... Ali Hossen @ Ali and petitioner no. 2 Md. Anisur Rahman @ Anis do not come within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the provision of section 19A of the Arms Act, and the accusation made and the trial held by the Tribunal......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)
....epartment, upon receipt of the information as to the particulars of the remitters concerned, should have investigated the matter through proper channel by issuing notices upon the remitters under the provision of section 6 of the Income Tax Ordinance, 1984 otherwise the remitters are not duty bound ......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)
....any matter relating to election unless there is corum-non-judice or malice in law as decided by the Court in the case of A.F.M. Shah Alam reported in 41 DLR (AD) 68 inasmuch as in view of specific provision of law providing specific relief, resort to Article 102 of the constitution is not m......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
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