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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. ...... the condemned accused Rafiqul Islam Mollah for the offence under section 302 of the Penal Code in Sessions Case No.32 of 1997 by the learned Additional Sessions Judge, Gopalganj. 2. Prosecution case, stated briefly, is that Salma Begum, daughter of Pachu Sharif of village Choto Bahirbap PS Kas..

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. ......allenged the issuance of impugned bills and disconnection of their telephones, praying for a direction for restoration of connection of their telephones. 3. In Writ Petition No.3230 of 2002, the case of the petitioner is that he made an application for telephone at his residence under Gulshan D..

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.       ......l Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossain on 8‑2‑99 at 7‑25 AM lodged it first i..

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. ...... Ansari Mansion, Enayet Bazar, Batali Road, Chittagong from long before the liberation of Bangladesh and also from 15.01.1971 when the declaration of gift was made. After liberation of Bangladesh the case properties were declared as abandoned properties by the government. The respondent made several..

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. ......urther, item 3 Ka and Kha of the Second Schedule of the Narcotics Control Act have provided for levying Narcotics duty at a higher rate than the rate of customs duty payable at the customs station in case of import of such raw materials. The manufacturers and the users have been made to pay the narc..

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.       ....../R‑6/7 N‑97/97 (Annexure-D) and the appointment was made for 3 years with certain terms and conditions, one of the conditions being that if he wanted to continue his work as Notary Public in that case he had to apply 3 months before the expiry of the licence. On 4‑2­-1999 the petitioner fi..

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. ......h 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was made and notice thereof was ..

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. ...... of 2002 and has been disposed of by the same judgment and order of the High Court Division. Civil Petition for leave to Appeal Nos. 56, and 57 of 2005 arise out of aforesaid. Criminal Miscellaneous, case Nos. 8038 of 2002 and 4275 of 2002, respectively. Hence this judgment shall govern both the afo..

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. ......Works and others calls in question the judgment and decree dated 22-2-1994 passed in FA No. 107 of 1989 by a Division Bench of the High Court Division decreeing the suit.   2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 S..

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. ......ant (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: The appeal is allowed. Lawyers Involved: ..

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. ...... and for non-compliance of the aforesaid provision under Article 58 of the Order election petition shall be dismissed by the High Court Division.  8. The bone of contention in the instant case is that the appellant-election petitioner did not deposit the amount himself and, as such, did ..

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.       ......6 and 7 who are the Editor and Publisher respectively of Daily Bhorer Kagoj. Cutting of the said 2(two) reports have been annexed and marked as Annexures-A and B to the Contempt Petition. 2. The case of the petitioner is that both the reports i.e. Annexures A and B, having been published under ..

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. ......ion. Clause (f) indicates that if any person has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15, in that case he may be prosecuted and punished under section 19A of the Arms Act (clause (f) is relevant for..

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. ......e applicant has formulated the following questions of law which arise from the impugned order of the Taxes Appellate Tribunal. "(a) Whether in the facts and on the circum­stances of the case the learned (Sic) Deputy Commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 is lega..

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.      ......Title Appeal No.37 of 2001 affirming the judgment and decree dated 31‑1‑2001 passed by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to th..

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. ......al Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil Appeal No. 230 of 2004) Vs Afzal Hossain and others...... Respondents (In both the cases) Judgment March 15, 2005. ..

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.   ......an alias Asan were convicted under section 148 of the Penal Code sentencing each of them to a fine of Taka 1000 (one thousand) in default to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3­-1983 at about 8‑00 AM when the informant Md. Golam Hossain..

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.     ......05 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examined as prosecution witnesses in the case under section 540 of the Code of Criminal Procedure with direction to issue summons upon the wi..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......for setting aside the orders of their termination from service and for their reinstatement in service with back wages and other incidental benefits. 3. The petitioner company appeared in the said cases and contested all the cases by filing separate written statement denying the material allegati..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......risedly is not entitled to get pension or 80% of gratuity. In the said memo it has been mentioned that when there is no dispute a government servant is entitled to get pension and that in the instant case there is no dispute except that the writ petitioner did not hand over the possession of the Gov..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2