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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l......laint for the commission of an offence nor any recommendation for taking action in respect of such offence, against the accused persons, the Tribunal may, in the interest of justice, if deems lit and proper assigning reasons, take cognisance of the offence concerned against the accused persons. The ......চলনাকারী ব্যক্তি পাবলিক প্রসিকিউটর বলিয়া গন্য হইবেন। 7. Sub-section (1) of section 26 provides that for adjudication of offences under this Ain there shall be a Tribunal under the name and style. Nario-Sh..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ...... ...... suit being Title Suit No.32 of 2004 pending before the 6th Assistant Judge, Dhaka, praying for permanent injunction to restrain further construction on the holding Nos.105 and 106 BCC Road, the suit property, attaching the boundary wall, on the western portion of the applicants, without any approve......asmuch as the result of the Rule is depend on the success or failure of the writ petitioner in producting the approved plan. The applicants are neither necessary parties nor proper parties for proper adjudication of the Rule. Their interest, as per record, if any, is dependent on the result of the T..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ...... This Case is also Reported in: 57 DLR (2005) 504. ......ther place he said that hurts are grievous in nature and, as such, he deposed self contradictory statement and that P.W.9 is investigating officer of the case who submitted the charge‑sheet without proper investigation. It is further stated that learned Magistarate without considering the facts an......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......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......us imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail appellant by the Collector, Rangpur. 3. Initially, P.W.1 Mollika Begum lod......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
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. ......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 ......considering the depositions of the witnesses and evidence available on record we are of the view that the learned Special Tribunal Judge arrived at a decision which is based on sound reasoning and in proper appreciation of the evidence on record. To address the first contention of the learned Counse......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. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
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. ......: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others……………………………&h......ned in the application that due to increase of the renewal fees and sickness of the petitioner he could not submit the application earlier but the petitioner deposited Taka 3000 in the bank through a proper chalan for renewal of the licence on the date of application. It has been stated that one Mr.......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
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....ng Finance Corporation and pay Taka 59,000 i.e. the remaining amount to the seller who will deliver possession of the property within seven days of the conclusion of the contract and the sale will be completed on repayment of the loan to the corporation. On 17-7-1969 the seller delivered possession ......; 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. ......sion decreeing the suit. 2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a ...... 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. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....hts of persons who are parties to causes pending in their own Courts. And where a judge has thus been dragged into a forensic arena, public confidence in the administration of justice by him would be completely gone and a few such instances would be sufficient to expose the whole system to public ri......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 ......r scandalizing the Court have become obsolete.
(2) The summary jurisdiction by way of contempt must be exercised with great care and caution and only when its exercise is necessary for the proper administration of law and justice.
(3) It is open to anyone to express fair, reaso...... 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.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....;Not known'. But no one complied with the requests of the letters and, as such, the Deputy Commissioner of Taxes disbelieved the existence of the persons who remitted the Telegraphic Transfer and completed the reassessment on assessing a total income of Taka 5,41,77,208 (Taka five crore forty &s......e is also Reported in: 57 DLR (2005) 756. ......very much incorrect, clearly proves that the Deputy Commissioner of Taxes had no definite information for which the case could be re‑opened under section 93. In fact, the Department without holding proper investigation in the matter re‑opened the file of the assessee applicant and arbitrarily as......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. ..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. ...... 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......d 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 the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 140......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. ..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. ......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...... appeals Mr. Rafique-Ul-Huq, learned Counsel reiterates his earlier submissions and contends further that whether the appellant is a "loan defaulter" or not is subject to proof on taking proper evidence and that the same being a contentious subject of dispute between the parties t......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. ..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. ......(2005) 779. ...... by creditable and reliable evidence. The established principle of law is that the prosecution has to prove the case against the accused persons beyond reasonable doubt in order to convict them under proper sections. 15. Now let us see how far the prosecution has been able to prove the allegati......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. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
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. ......Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is......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. ......er of Export 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 ..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)
....ant No. 52 to make construction at a time was considered and allowed by the High Court Division while hearing of the suit was going on and that there was no laches on the part of the plaintiffs to complete hearing of the suit. The learned Counsel for the respondent has submitted that plaintiffs ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... .................tional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess......m the materials in the paper book that defendant No. 52 on different pretexts, which are neither genuine nor bonafide, is delaying hearing of the suit and he is using process of the Court for the adjudication of his unreasonable pretexts with the object of delaying the hearing of the suit. In t..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... on record being Ext. Uma Uma(1) that 9.47 acres out of
total suit land measuring 20.18 acres was never enlisted as vested property and
also was never leased out to any one else. There is therefore complete absence
of evidence indicating that the S.A. recorded owners of the suit land left
fo......: 26 BLD (HCD)
(2007) 75.
......er
Vs.
Md. Safiqul Huq and others………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petit...... 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.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... 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.
......ase is also Reported in: V ADC (2008) 271.
...... directive of the High Court Division is violative of the fundamental rights of respondent-petitioners Nos. 2 and 3 as the said Article prohibits any compulsory sale or purchase or acquisition of any property except in accordance with any law and inasmuch as permits such buyout.
Dr. M Zahir...... 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.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The......eni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1986 dismissing the suit 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. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitio......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......so Reported in: 57 DLR (2005) 267. ......ondents, should not be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a li......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......orted in: 57 DLR (2005) 494. ......f the wife of Tota Mia gave a 'fala' blow on the right thigh of the victim Asmat Ali causing bleeding injury as a result of which 6 days after the said occurrence he died for negligence and improper medical treatment. 9. After the conclusion of the trial the learned Additional Sessions ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
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