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Montu and others Vs. State, 2005, 34 CLC (HCD)
....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...... This Case is also Reported in: 57 DLR (2005) 504. ......04. Judgment Siddiqur Rahman Miah J.- This Criminal Revision under section 439 Code of Criminal Procedure at the instance of Montu, Sayeed and Iman Ali are directed against the judgment and order dated 3‑8‑2004 passed by the learned Sessions Judge, Tangail in Criminal Appeal No.103 of ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....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......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......nt. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in sho..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....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......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ......nal Sessions Judge, on consideration of the evidence of the witnesses and attending facts and circumstances of the case, found that the accused had committed murder of his wife go passed the impugned order of conviction and sentence and made this reference for confirmation of death sentence by its M..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
.... 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 ......on) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Result: Th......ed upon the respondents, no action was taken. Therefore, the petitioner was constrained to file this Writ Petition and obtained the present Rule. The petitioner, however, could not obtain any interim order. 5. Respondent No.2 filed an affidavit-in-opposition. The case of the respondent No...Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....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 ......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ...... the point of Joint Possession. 20. Be that as it may, we have carefully considered the submission of the learned Advocates for both the sides minutely and gone through the impugned judgment and order of conviction and sentence and evidence on record. We have categorically considered the deposi..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....ively in the High Court Division in Dhaka. 4. By judgment and order dated 30.07.1992 the High Court Division declared the enlistment of the case properties in the 'Ka' list as illegal and without lawful authority. It was further held that the respondent had proved before the Court of Settlement ......ts 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 Pakistan/Late Bashir Ahmed Ansari...... 63 of 1989 before the High Court Division, Chittagong Bench which were renumbered as Writ Petition Nos. 1497 and 1489 of 1991 respectively in the High Court Division in Dhaka. 4. By judgment and order dated 30.07.1992 the High Court Division declared the enlistment of the case properties in the..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....nance, 1982 as well as the Rules framed under the Drugs Control Act, 1940 could coexist 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. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved:...... Writ Petition No. 2285 of 2000). Judgment Md. Fazlul Karim J.- The writ petitioner Bangladesh Homeopathic Medicine Manufacturers Association seeks leave to appeal against the judgment and order dated 12-3-2003 passed by the High Court Division in Writ Petition No. 2285 of 2000 dischargin..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....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......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h......lt, the Rule is made absolute. The respondents are directed to issue the renewal certificate within two months from the 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)
....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...... Ed. ......n, Senior Advocate, instructed by Md. Firoz Shah, Advocate-on-Record— for the Appellant. Not represented-the respondent. Civil Appeal No. 174 of 2003 (From the judgment and order dated March 30, 2002 passed by the High Court Division in Civil Revision No. 4555 of 1999). ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....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....... Ed. ......ppeared 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 the High Court Division in Criminal Miscellaneous Case Nos. 9064, 80..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)
.... 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......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ......-Divisional Officer, Sadder, Dhaka for release of the property, again on 6-1-1982 he applied to the Sub-Divisional Officer for release of the property and the said officer started a proceeding and by order dated 24-5-1982 and 10-6-1982 expressed opinion that the suit property has not vested in..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. ......l Kabir Chowdhury J The State………...Appellant (In Criminal Appeal No. 18 of 1998) Alhaj Abdul Wadud Khan…….....Petitioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque and others…………....Respondents (In both the cases) Judgment March 23, 2005 Result: ......peal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instance of the state calls in question the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of 1969 arising out of D.A.B. G.R. Case No...Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....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......sent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March 22, 2005. ......ed by Syed Mahbubur Rahman, Advocate-on- Record-For Respondent No. 3. Dispensed with-Respondent Nos. 1, 2, 4-25. Civil Appeal No. 147 of 2002. (From the judgment and order dated 30‑4‑2002 passed by the High Court Division in Election Petition No. 6 of 20..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....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......others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ......ged in the presence of the Court.
13. In 1634 a similar offence was committed by James Williamson by throwing a stone on the Judges on the Bench. He was forthwith indicted and his right hand was ordered to be cut off, and the hand was fixed at the entrance of the gate where it remained for year..
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)
....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...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The......ers Involved: Md. Nurul Islam Chowdhury- For the petitioner. No one- For the respondent. Writ Petition No. 5732 of 2002 Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated 25.8.02 passed by the Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....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......e is also Reported in: 57 DLR (2005) 756. ......- For the Respondent. Reference Application No.594 of 2003. Judgment Md. Abdul Hafiz J.- This Reference Application under section 160 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 In..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....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...... High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Latif Hawlader..................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Re......ted in 47 DLR (AD) 162 and in the case of Muslemuddin (Md.) and others Vs. Md. Jonab Ali and others reported in 50 DLR (AD) 13. 21. In the result, the Rule is made absolute, however, without any order as to costs. 22. The impugned judgment and decree dated 7‑6‑2001 passed by the Subord..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....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......howdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil App...... (In Civil Appeal No. 229 of 2004) Not Represented-Respondent No.2 (In Civil Appeal No. 230 of 2004) Civil Appeal Nos.229 and 230 of 2004 (From the judgment and order dated 01.08.2004 passed by the High Court Division in Writ Petition No. 2677 of 2004). ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....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......(2005) 779. ......ment Siddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of 11 (eleven) accused‑petitioners is directed against the judgment and order dated 28‑3‑2002 passed by the learned Sessions Judge, Sirajgonj in Criminal Appeal No.10 o..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....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 ...... State..............................................Opposite Party Judgment March 12, 2005. 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. .......93 of 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case N..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
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