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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. ......valuable fundamental right of the citizen..............(11)     Lawyers Involved:  AJ Mohammad Ali, Attorney‑General, instructed by Ahsanullah Patwary, Advocate‑on‑Record‑ For the Appellants. MI Farooqui, Senior Advocate, instr......ed on 23‑5‑1984 and 22‑9‑1984 respectively at Dhaka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years an......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. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... 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. ......bsolute. Case referred to- Porimol Kumar Dey and others Vs. D.C. Bakerganj and others, 19 DLR 210. Lawyers Involved: Shafique Ahmed with K.M. Hafizul Alam and Mahfuzur Rahman, Advocates - For the petitioners. Syeda Afsar Jahan, Assistant Attorney General - For the Respo......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. ..

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. ......…………Appellant Vs. State…………………………………………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney- General with Md. lq......n of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 a......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. ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

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.  ...... Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For the respondent. Criminal Appeal No.67 of......ted in: 13 MLR (HCD) (2008) 186.  ...... 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.  ..

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. ......s, 35 DLR (AD) 178; Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 37 DLR (AD) 174; Kedarnath Vs. Mohan Lal Kejar Wari and others, AIR 2002 SC, 582. Lawyers Involved: M. Amir-ul-lslam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahbub Ali, Adv......the provision of that proviso makes the application incompetent………………….(18 & 20) Cases Referred to- Binode Behari Saha Vs. Nitya Gopal Shaha, 33 DLR (AD) 130; A.K. Murshed Ahmed Vs. Md. Meher Ali and others, 35 DLR (AD) 178; Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 37......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. ..

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.                 ......pondents 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 Moksadul Islam, Advocate‑ For the Petitioner. Writ Pet......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ......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.   ......li 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. MU Ahmed, Assistant Attorney‑General‑ For the State. ......ta 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. MU Ahmed, Assistant Attorney‑General‑ For the State. Criminal Revision No.875 of 2004. Ju......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. ......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 Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. ......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. ......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. ......death sentence by its Memo No.111/Crl/Addl. dated the 24th day of February, 2003. 9. The accused is still absconding and, as such, no appeal has been preferred by him. 10. Heard the learned Advocates for both sides and perused the record. 11. Mr. Giasuddin Mithu, the learned Assistant......ing on the aforesaid date or that the victim had quarrel with the accused or that the victim died in the absence of the accused or that he has deposed falsely in this case. 17. P.W.4 Abul Monsur Ahmed was tendered for cross-examination and the defence declined to cross-examine him.  1......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. ...... 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. SM Rezaul Karim, Advocate- For t......lso 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.       ......ondent 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.1381 of 2002). Md. Sharafatullah, ......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

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......……...Respondent. Judgment April 9, 2005. Result: The review petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioners. T.H. Khan, Senior Advocate, instructed by Aftab Hossain,......missing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three brothers, migrated to the then......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)

....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......ciation......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior. Advocate, (Mahbubey Alam, Senior Advocate and SM Munir, Advocate with him), instructed by Sufia Khat......ufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior. Advocate, (Mahbubey Alam, Senior Advocate and SM Munir, Advocate with him), instructe......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..

Category: Health Law | Date: 3 Apr, 2005 | Hits: 759

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.       ......n: 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. ......ame 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, Advocate-on-Record— for the Appellant. Not repres......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. ..

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. ...... Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record— For the Petitioner. Amir-ul Islam, Senior Advocate, instructed by AKM Shah......esaid. Criminal Miscellaneous, case Nos. 8038 of 2002 and 4275 of 2002, respectively. Hence this judgment shall govern both the aforesaid petitions too. 3.The fact, in short, are that Jalal Uddin Ahmed, Inspector (task force-1) Bureau of Anti­ Corruption, Bangladesh Dhaka lodged a first informa......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. ..

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. ......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.   MI Farooqui, Advocate instructed b...... 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. ...... 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. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ondents (In both the cases) Judgment March 23, 2005 Result: The appeal is allowed. Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the appellant (In Criminal Appeal No. 18 of 1998). Mainul Hosein, Senior......minal Appeal No. 18 of 1998). Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In Criminal Appeal No. 18 of 1998) Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record- For the Petitioner (In ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

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. ......03 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, Advocate-on- Record-For the Appellant. Khandker Ma......;      Lawyers Involved: Subrata Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record-For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- ­Record-For Respondent ......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

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... 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.       ......5) 670.       ...... 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.       ......6 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney General of Pakistan Vs. Abdul Hamid, 15 DLR (SC) 96; Sir Edward Snelson Vs. Judges, HC Lahore, 16 DLR (SC) 535; Saleem Ullah Vs. State, 44 DLR (AD) 309; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7