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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... BLD (AD) 17; 1995 BLD 151; 1995 BLD 188, 226; 20 BLD (AD) 265; 6 MLR (AD) 297; PLD 1961 Dac 753; PLD 1964 Dac 330. Lawyers Involved: Anisul Huque, Advocate- For the Petitioners in both the cases. Md. Helal Uddin Mollah, Deputy Attorney-General- For the State. Criminal Misce......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... considering the evidence and the materials on record decreed the suit. 5. Being aggrieved by and dissatisfied with the judgment and decree defendants as petitioners filed the instant revisional case and obtained the present Rule. 6. Mr. AQM Safiullah, learned Advocate appearing on behalf ...... Vs. Md. Ziarat Hossain...........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the d..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ....... 1 and 2 respectively instituted Title Suit No. 174 of 1995 in the Court of Second Munsif, Khulna against the appellants and one Phanindra Nath Baidya for specific performance of contract That the case of the respondents as made out in the plaint, inter alia, are that the suit land belonged to ......ansaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11) ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......on with Gafargaon PS Case No.7(7)04 arrested him and recovered one revolver No.6447 and seized the same. On inquiry it was found that both the licences were not renewed. The police then initiated two cases, namely, Gafargaon PS Case No.13 dated 20‑7‑04 under section 19(Ja)/21 of the Arms Act bei......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..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)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... salt and to take action against those manufacturers as per provisions of the Act. 2. The Rule was made returnable within eight weeks from date. The rule was issued on 25.3.1999. It appears from the case record that the case was made ready for hearing on30.12.01. 3. The respondent No.4 and respond......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..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)
....e view that the High 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. ......iffs failed to get the suit land recorded in their names during the last SA operation and the suit land was wrongly recorded in the names of defendant No.1 and his mother Gafuran Nessa. Their further case is that Gafuran Nessa and her heirs have no tide and possession in the suit property. The wrong......against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was ac..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... 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, money suit filed...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......e defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......vision observed that law permits eviction from the premises for construction or re-construction according to section 18 (Uma) of Premises Rent Control Act, 1991. In the facts and circumstances of the case and materials on record, we are of the view that the High Court Division on proper assessment o......e defendant opposite party had a tenancy agreement dated 24.07.1980. Accordingly after the purchase of the suit premises by the plaintiffs, the defendant opposite party accepted the plaintiffs as new landlords by admitting their right, title, and ownership over the suit premises but the defendant op..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......aibandha, in Miscellaneous Appeal No.3 of 1996 affirming those dated 30-11-1995 passed by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal ...... plaintiff brought Other Suit No.58 of 1990 against the petitioner as well as against the pro forma opposite parties as defendants for having a decree for partition in respect of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandh..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. ...... and they have been in possession of their respective lands. The said land is part of 10 acres of land requisitioned in LA Case No.26 of 1959‑1960. The affected persons of the said land acquisition case have been allotted plots of land according to the last layout plan of Rajuk dated 19‑7‑1999......0/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The p..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......o.5, that the writ-petitioner on May 7, 2001 represented to the respondent No.1, Government of Bangladesh, represented by the Secretary, Ministry of Shipping for consideration of writ-petitioner's case for promotion to the post of Chief Engineer and Ship Surveyor, Department of Shipping but with......scharging the Rule. The writ petition was filed impugning the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo No.E-1(1)/Part-6/3224 dated 27-2001 giving current..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......person ought to have advantage from his own wrong. We are, therefore, of the view that even any wrong is committed no one can take advantage of his own wrong to the prejudice of other. In the instant case however we do not find that there was any wrong in allowing the prayer of the writ respondent e......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ...... of the trial and, as such, the trial took place in his absence to his prejudice. 4. He further submits that under section 339B of the Code of Criminal Procedure, which is applicable in case of trial of cases under Criminal Law Amendment Act, 1958, there is mandatory requirement of pub......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ...............Defendant-Petitioner Vs. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..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)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......of the Code of Civil Procedure. Eventually, the said Miscellaneous Case was also dismissed by the Court on 14‑3‑1988 for default as the Government did not take any step. In this background of the case, the petitioner has been residing on the said house property since the possession thereof was h.......92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant land comprising 140 square yards situated at Mouza Dakhin Adabar and Barabo, PS Tejgaon now Mohammad..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......after commencement of this Act, the Government shall, by notification in the official gazette, publish an authentic text in English, which shall be known as the Authentic English Text of this Act. In case of any conflict however between this Act and the English text, this Act shall prevail. 29....... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
...... refusing to give sanction to Special Case No.39 of 2004 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 Metr......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......f the Penal Code when the prosecution failed to prove that victim Fatik Mia was killed in prosecution of the common object of all the members of the unlawful assembly. 3. The prosecution case is that on 10‑2‑1989 at about 9‑00 AM the informant Sona Mia was passing by t......n object of all the members of the unlawful assembly. 3. The prosecution case is that on 10‑2‑1989 at about 9‑00 AM the informant Sona Mia was passing by the 'ail' of a land and at that time accused Dilbahar asked him as to why he uprooted the fencing of his land. The ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......e Order and hence the documents called for to prove the same at this belated stage cannot be maintained. In support of his submissions Mr. Rokonuddin Mahmud has referred to the decisions in the cases of Md Shajahan vs. Md Sadeq reported in 38 DLR (AD) 275, Syed A Jalil vs. Mahbub Alam reported......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
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