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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. ......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)

....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. ......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)

.... 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. ......-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. ......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)

....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. ......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

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.       ......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)

....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. ......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)

....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. ......- 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)

....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.      ......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)

....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. ...... (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)

....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.   ......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)

....nvestigation officer under section 161 of the Code of Criminal Procedure during investigation as a witness but his name is not included in the list of witnesses in the column of charge-sheet. Broadly speaking, the Court has unfettered discretion to call any person to be examined as a witness. It can.......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

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: ......he labours have been terminated in aftermath of an occurrence held earlier but a legally constituted inquiry committee did not find any fault with the labourer petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-..

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.       ......ension and gratuity to the petitioner in terms of his service conditions shall not be held responsible and be directed to pay compensation for the delay. 2. After issuance of the Rule an interim order was passed directing the respondents to arrange payment of the pension and gratuity to the ext..

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

Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)

....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......and Import and then submitted bill of entry. While assessing the consignment the customs authority labouring under misconception of law that the goods are covered by PSI scheme passed an adjudication order and imposed a penalty of Tk. 3,90,000 for non‑compliance with the provision of SRO No.316 da..

Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Judgment                  Md. Ruhul Amin J.- This is plaintiffs’ appeal by leave, against the judgment and order dated August 10, 2000 of a Division Bench of the High Court Division in Civil Revision No.44..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. .......35 of 1992 upon reversing those dated 28.6.1992 passed by the Additional Court of the Subor­dinate Judge, Dhaka decreeing Title Suit No.66 of 1991 should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner as plaintif..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Di..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 163 of 2003. (From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000). Ju..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......Article 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary.   In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultati..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126