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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....screpancy obviously due to error of memory by lapse of three years, that it being in the deposition of the PW 1 that at the time of drafting the petition in the House Rent Control Case he told his lawyer about the bainapatra and, as such, in the background of the said statement of the PW 1 non&#......vil)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J   Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents   Judgment January 5, 2005.  The E......ion judgment to the extent that plaintiffs shall pay an amount of Taka 2, 00,000, to the defendant No. 2 besides the earnest money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no orde..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....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...... in: 57 DLR (2005) 546.   ......mmended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Lt..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

.... 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 ...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... dated 19‑8‑1999 and 25‑8‑1999 respectively passed by the learned Assistant Judge, First Court, Gazipur, in Title Suit No.346 of 1998 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiff fi..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... 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......er as to costs. Ed. ......or the Appellants. AY Ahmed Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 29 of 2000. (From the judgment and order dated 12th February 1995 passed by the High Court Division in Civil Revision No. 1400 of 1993..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....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......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......nt Attorney-General‑ For the Respondents. Writ Petition No.4747 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 3‑8‑04 cancelling the licence being Rifle license No.373/92 and Revolver licence No...

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)

.... 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......eported in: 25 BLD (HCD) (2005) 83. ......salt do not contain proportionate quantity of iodine as required by the law and hence, they are liable to be prosecuted in accordance with law. 13. Accordingly, the Rule is made absolute without any order as to costs. The respondent Nos. 1-5 are directed to perform their respective functions ensuri..

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)

....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...... 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. ......rt 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. ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... 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......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon......to why the proceeding of the Special Case No.2 of 1994 under sections 409/420 of the Penal Code, pending before the Court of Senior Special Judge, Cox's Bazar, should not be quashed or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposa..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

..... 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...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition i...... Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for leave has been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharg..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)

.... 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 (...... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the P......arty also illegally modified the original construction and carried on some new construction work therein without any prior permission from the Rent Controller or from the landlords. The plaintiffs in order to construct a new building in the suit premises by demolishing the existing structure got a p..

Category: Property Law | Date: 12 Dec, 2004 | Hits: 62

Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)

....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......……Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna ...... the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1998 passed by the learned District Judge, Gaibandha, in Miscellaneous Appeal No.3 ..

Category: Property Law | Date: 7 Dec, 2004 | Hits: 88

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......         ......e of the petitioners although they purchased the lands from the same vendors and have been living in the same plots i.e. CS and SA Nos.76, 77. The petitioners have collected a photo copy of allotment orders given in favour of one Abdul Quadir whose name is in serial No.50 of the list of 92 persons. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....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......ivil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The peti......ted-For Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment and order dated October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....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......m J Amirul Kabir Chowdhury J The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment December 4, 2004. Result: The lea......ave to Appeal No. 1481 of 2002. Judgment Amirul Kabir Chowdhury J.- Secretary, Ministry of Works, Government of Bangladesh, the writ respondent, seeks leave to appeal against the judgment and order dated 17.06.2002 passed by the High Court Division in Writ Petition No. 365 of 1993, making th..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....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......ional Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent.  Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 o......l Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent.  Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 of 19..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....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......site Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162....... the Admiralty Suit in question. He came to know recently about the ex parte decree and took steps to this petition for restoration at the earliest opportunity. He submits that, although there was an order issued by this Hon'ble Court to serve summons/notice upon the defendant petitioner none wa..

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)

....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......ereabouts 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 the said house property by issuing requisite notice as contemplate...... Rule Nisi on an application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 21‑9­-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

....ি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......nal Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rul......s. 3438 and 4501 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....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....... Joynul Abedin J Zubayer Rahman Chowdhury J Salauddin Ahmed ..........................................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents Judgment March 23, 2005. Result: The Rule is made abs......in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....…..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......bsp; Ed. ......9;For the Appellants.  A K M Shahidul Huq, Advocate‑on‑Record‑‑For the Respondent.   Criminal Appeal No. 16 of 1998. (From the judgment and order dated 4‑8‑1997 passed by the High Court Division in Criminal Appeal No. 1565 of 19..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102