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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

.... of Ashi College Shop at Eskaton. Essence of testimonies of D.Ws.3‑7 was that convict-appellant Mahbub had been before them from 9‑30—1‑15 PM on 2‑12‑1992. D.W.3, D.W.4 and D.W.5 were Government officers and D.W.6 was a businessman and D.W.7 was a Shop‑keeper at Eskaton and they we......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......h Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment J..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......tted that the petitioner is a poor and unemployed man and for his livelihood he went abroad with the job; and the accused petitioner has served abroad for about 5 years and that thereafter he came to Bangladesh and immediately after his arrival in Bangladesh he had been living in his village and on ......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......20. ..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and o......r Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed Amir Hossain, 35 DLR (AD) 277; Deputy Commissioner, Pabna Vs. Md. Kobad Ali and others, 39 DLR (AD) 205; Government of the People's Republic of Bangladesh and another Vs. Md. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234. Lawyers Invo......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A......igh Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Khaled Ahmed Chowdhury…………………Petitioner Vs. State…………………………&helli..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

.... upon the Government in the same way as upon the original owner. In the instant case, the agreement for sale being entered into before 25th March, 1971, i.e. on 27-12-1970, is also binding upon the Government and the right and interest of the writ petitioners in the case property have not been aff......the respondent No.2 to show cause as to why the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka enlisted as an abandoned property in the 'Ka' list published in the Bangladesh Gazette dated 23-9-1986, should not be declared to be without lawful authority and withou......so Reported in: 13 BLC (HCD) (2008) 247. ......urt High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Mahmuda Begum and others………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Ju..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... petitioner No.1, of this case who is also a practicing advocate of this Court. He submits that our is a Republic and our Constitution provides for government with consent of the People and such Government is only possible when they can elect their representatives by free fair and transparent e...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. ......14) 9. ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Abdul Momen Chowdhury and others............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 20..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Suo Moto Ex-parte Order 2005

....ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ......tice knowing full that a sitting judge can alone be removed and his capacity or conduct can be enquire into only under Article 96(4) (b) of the Constitution by the Supreme Judicial Council. 3. Bangladesh Bar Council being statutory body is obliged to act in aid of this Court and is bound to......Abdur Rahman J Judgment May 23, 2005. Suo Moto Ex-parte Order 2005. Judgment Md. Abdul Matin J.- Since our Republic was established pledging amongst others the rule of law and fundamental human rights ensuring to every citizen a right to have unimpeded access to justice......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ..

Category: Others | Date: 23 May, 2005 | Hits: 13

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ranspired that Unilac Australia Pty. Ltd. entered into an Agency Agreement on 1.7.1986 with M/s. Sanowara Corporation, represented by its proprietor Mr. Nurul Islam to promote, distribute and sell in Bangladesh products manufactured by Unilac Australia (Annexure-'B'). Subsequently, Unilac Au...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......cial Original Jurisdiction) Present: Syed Refaat Ahmed J New Zealand Milk Brands Ltd. of 25, the Terrace, Wellington, New Zealand……………Petitioner Vs. Sanowara Dairy & Industries Ltd., of 601, Ramjoy Mohajan Lane, Khatungonj, Chittagong a..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....e accused is alleged to have shown HSC certificate and in 1974, he showed his PTI pass certificate. It is further stated that he got promotion on 26‑6‑1990 as an Assistant Head Master in Kachiara Government Primary School showing fake HSC certificate. On verification of the tabulation sheet seiz......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......risdiction) Present: Siddiqur Rahman Miah J Muzaffar Hossain Sarker (Md.)………………………………Appellant Vs. State …………………………&hell..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....he was injured below his knee. Thereafter, he assisted him to go home and poured water on his head. Thereafter, he was shifted in the Kushtia hospital for treatment. He is student of I Com in Kushtia Government College. He denied the defence suggestion that he did not give the statement to the insti......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......urt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR(SC)153, Mofazzal Hossain Mollah and others Vs. State, 45 DLR(AD)(1993) 175, Zabaida Rashid Vs. Bangladesh, 2 BLC (HCD) 356. Lawyers Involved: Abdur Razzaque Khan, Additi......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State (in all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskande..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....ourt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. ......pellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan A...... ...... MM Ruhul Amin J MA Aziz J Secretary, Ministry of Works and Urban Development, Government of Bangladesh and other……………. Appellants Vs. Rowshan Ara Begum and another ……………Respondents ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....for installation of deep tube well in the site and the petitioner obtained permission from WASA on 19‑1‑02. The petitioner also obtained permission for heavy electricity of 1000 KV power from the Government of Bangladesh. Rajuk has given approval or sanction of plan for other complexes in many p......orated under the Companies Act, 1994. The Company was incorporated with the object, inter alia, to construct commercial and residential buildings and it is also engaged in the real estate business in Bangladesh. The petitioner company has finalized the infrastructure of a project for developing......in: 57 DLR (2005) 762. ......J Md. Emdadul Huq J Jamuna Builders Ltd. and another……………………………………….Petitioners Vs. Rajdhani Unnayan Kartripakkha and another………………&h..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

....a First Information Report with Gopalganj Police Station implicating the accused appellant alleging that his son Chinmoy Roy Karmaker, aged about 14 years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant ......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric.........

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

.... Commission on those dates and came out successful. Because of their success at their first appearance before the Commission, the service of all writ petitioners were regularized on 9.3.1979. The Government on the recommendation of the Council Committee and in consultation with the PSC issue......hers ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Respondents......here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. ...... and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. Abdus Salam-2 ……………………Petitioners (In Civil Review Petition Nos. 50-51 of 2004) Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others…………Resp..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

.... him for a period of 99 years and on which he built one room. In compliance with the registered standard agreement for lease dated 5‑4‑1960 Shamsuddin Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 1‑11‑1963 with...... 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. ......ed JR Mudassir Husain CJ 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, ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others………�......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others…………………….R......8) 73. ......vision (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Jahangir Mohammad Adel and two others…………………Petitioners Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others�..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....tant case the complainant M Moinul Khan filed a petition of complaint before the Nari-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 ......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......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. Abdul Hye J M Moinul Khan………………………………………Appellant Vs. State…………………………………………………..Respondent. Judgment Ma..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......al Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Limited, Narayanganj Branch in capacity as manager and officer-in-charge of the investme......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....ond his knowledge and as such he has no objection if the suit is decreed. 5. It was asserted by the defendant No.2 in his written statement that defendant No.1 is a doctor in the service of the Government and by a Power of Attorney executed on 13-02-1985 the defendant No.1 appointed him attorn......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......(Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdur Rahman Faroque………………………………………Appellant Vs. Md. Shamsul Hoque and another……………………………..Respondent Judgment ..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

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. ......ion (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Anowar Hossain (Md.) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgment A...... ......urt Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J Anowar Hossain (Md.) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgme..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4

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