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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....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. ......ive had to perform certain things, in which, he may not follow the norms and it might be irregular but it cannot be said to be an offence and it cannot be branded a penal offence punishable under any law of the country. Mr. Huq further submits that the statements of the witnesses under section 161 o..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... that the President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 are all valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part ther..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....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. ......illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to 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..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)
....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. ...... concerned with the sale of edible salt without or inadequate iodine contents, which affects the ordinary people of this country causing Cretinism and Goitre, two deadly diseases, in violation of the laws of the country, the petitioners moved this application and obtained the Rule. 6. It has been s..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)
....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. ......the respective parties made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illega..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... 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. ...... in the service of the City Bank. Admittedly, he was dismissed from Bank service on 24‑7‑91 and he was not a public servant at the time when cognisance was taken in this case. It has been settled law in our jurisdiction that if the accused has ceased to be a public servant at the time when the c..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....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 ....... Hence is this petition. 4. Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendan..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ...... to the effect that after construction of the commercial building in the suit premises the defendant tenants would be accommodated in the new premises. 6. The High Court Division observed that law permits eviction from the premises for construction or re-construction according to section 18 (..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....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. ......ng written objection denying all the material allegations made in the petition contending inter alia that the petitioner's case under Order 9, Rule 13 was not maintainable, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared b..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....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. ......ent charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping by the office order dated 27.3.2001 to respondent No.5 is violative of the writ-petitioners right to protection of law guaranteed by Article 31 of the Constitution and also violative of the equality provision guar..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......rties the High Court Division made the rule absolute declaring the order dated 02.01.1993 issued by the Ministry of Public Works canceling the allotment in favour of the writ petitioner to be without lawful authority and of no legal effect. Hence is this petition.
4. In support of the petition M..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....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. ......iminal Procedure. Similarly, his view expressed in the judgment as to non‑compliance of section 339B of the Code is also not correct, which appears to have been taken ignoring the provisions of law as mentioned above by us. 12. We, however, agree with the ultimate result of dismissal of..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....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. ......ue, learned Advocate appearing on behalf of the opposite party-plaintiff, submits that the record shows and this Hon'ble Court accepted that the service upon the defendants was in accordance with law and hence proceeded to deliver judgment ex parte. He further pointed our that the judgment in Ad..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)
.... 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. ......e is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... 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. ......ির এখতিয়ার 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 proceedin..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......or according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....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. ......…..Respondent Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149 All the members of the unlawful assembly might not have the common object of murdering the victim but they had common object..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ...... and 16 of the application under Article 49 of the Order laid down the foundation for the allegations mentioned in the application for calling for the records and there is no necessity to mention the law i.e. Article 31 of the Order. 9. He further submits that the case of the respondent is no..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......its that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has not been done and such ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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