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

.... show cause as to why the impugned memo No. Rajuk/Na Aa Aa/2C-­85/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to give formal sanction to the proposed ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ..

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

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

....ied old building of New Govt. Girls High School at 2, K.P. Ghosh Street, Armanitola, Dhaka issued by respondent No.5 should not be declared to have been issued without lawful authority and is of no legal effect. 2. The case of the petitioners, briefly, be put thus:- The father of the p...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ..

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

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

.... Parul Khanum or to take her back; rather, they demanded the balance amount of the dowry. In the said premises complainant's sister consulted the learned Advocate Mr. Abdus Shahid Shahen and served a legal notice upon the accused persons on 13-4-2003 but the accused persons failed to give any reply ......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. ..

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

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

....his is defendant No.2's appeal, by leave, against the judgment dated March 3, 1999 of the High Court Division in Civil Revision No.4237 of 1998 making the Rule absolute which was obtained challenging legality of the order dated August 24, 1998 of the Court of Senior Assistant Judge, Sadar, Mymensing......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. ..

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

Montu and others Vs. State, 2005, 34 CLC (HCD)

....li Sadik on 24‑2­-2004 at about 7‑45 AM and injured him severely and they later on entering into the under­construction building of the informant damaged articles worth Taka 25,000 has no legal value in the eye of law unless such allegations are not established by convincing and credible......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. ......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

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

.... of occurrence also indicates his complicity in the murder of his wife. It is further submitted that the victim was in the custody of the accused at the relevant time and the accused husband is under legal obligation to give an explanation as to how his wife met with her death in his house. In suppo......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....use they belonged to police force. The learned Assistant Attorney-General also submits that even if the public seizure list witness does not support the prosecution case, in spite of that there is no legal bar in convicting the appellants on the unimpeachable evidence of police personnel. In support......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)

.... fact that the respondents have not controverted the allegation made in the writ petition, the impugned Memo dated 17‑12‑2003 (Annexure-1) is declared to be without any lawful authority and of no legal effect. In the result, the Rule is made absolute. The respondents are directed to issue t......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

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)

....e effect it has upon the office; its dignity; its just weight; its hold upon the general confidence. 68. While it may be true that the selection of candidates for judges is generally left to the legal members of the (party) conventions, it is equally true that these legal members are not usuall...... 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)

.... the Taxes Appellate Tribunal. "(a) Whether in the facts and on the circum­stances of the case the learned (Sic) Deputy Commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 is legally justified to call for the TIN (Tax Index (Sic) Number) from the customers who carries their ......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 Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....irman and the publication of the gazette notification and administration of oath to the said Adbul Halim Gazi as the elected Chairman     of  the Jhalakathi Pourashava as illegal. 4. Writ-respondent No.7 i.e. the appellant and the writ petitioner along with 3......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)

....t further states that the medical certificate does not tally with the injuries alleged to have been caused by the accused­ petitioners. He further submits that the court below committed serious illegality in convicting the accused‑ petitioners without any legal evidence. It is further stated t......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

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....udgment March 12, 2005. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 19(1) The 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 inquir......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: ..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

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

..... Judgment Md. Abu Tariq J.- In this Rule the petitioner has challenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally rejected the invoice price and fixed a value arbitrarily without any material basis. The pet......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. ..

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)

....e prayer of the defendant No.52 on the finding since the suit in question is a suit for partition and, as such, in case of allowing construction prior to the disposal of the suit there is chance of legal complication. 6. It may be mentioned after the institution of the suit the plaintiffs ......efendant Nos. 52 and 53 and the other "defendants from making any construction or to change the nature and character of the land in suit and thereupon, on 8-9-1990 the Court passed an order of status quo in respect of the land in suit. It appears in that state of the matter the defendant No...

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)

.... opposite parties as other defendants praying for declaration that the judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the First Court of the Subordinate Judge, Dhaka is illegal, void and not binding upon the plaintiff. The plaintiff alleged that the suit land originally......fore has no application in the facts of the case before us. 14. With regard to the petitioner in re­spect of Civil Revision 2974 or 1999 it is suf­ficient to mention that they have no other status except that a lessee under the vested property authority and if the property is not vested p..

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)

....xure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as it affects the petitioner's sub-project No.26 should not be declared 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......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. ..

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)

....paid up shares and moreover, the contents of Annexures Y, Z and ZA of the affidavit-in-reply will prove that some payments against purchase of the land was made by the respondent No. 1; for various illegalities and irregularities of the appellants the Assistant Registrar, Joint Stock Companies, Chit...... 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

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

.... judgment and order dated 9-2-2002 passed by the High Court Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was a......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69