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Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....J Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. ......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....vision   (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ...................peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respondents   ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....s and 600 shop owners and their employees seriously and that the notice under section 3 of the Ordinance has been issued after the attempt of the authority to take over the land claiming to be of the Government failed.   6. The writ petitioners have asserted that the .notice issued under ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....ension on the allegation of corruption in the examination and also for negligence of duty. While the writ‑petitioner was serving as Deputy Controller of Examinations, the Ministry of Education, Government of Bangladesh issued circular No. 4/91/88/762 dated 10‑8‑1988 upon the writ r......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

.... (Civil) Present: Mainur Reza Chowdhury CJ  Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Government of Bangla­desh and another .........Appellant Vs. MA ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....- 'Cha' of original memo (Annexure-'C) of the same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka  1800 thus  depriving the Government exchequer from  huge  amount money every year.  9. The further case......e has further contended that the Bangladesh Telecommunication Act 2002 will not apply in this case as the licence was given to ETV before this Act came into existence. Moreover, there is a regulatory body in the name and style of BOL, the highest body representing all the Ministries With the supervi..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....gation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abandoned property. Immediately after inde­pendence the suit house was taken unde......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......l Court in this case. 10. PW 1 the RMO of Rajbari Sadar Hospital deposed that he examined the victim on 11-12-1996. In cross-examination he admitted that he did not find any external injury on the body of the victim. 11. PW 2 the informant and the husband of the victim deposed that the accused..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... notice is directed against a trespasser to surrender possession and not under Ordinance No. LIV of 1985. Admittedly, the property was enlisted as abandoned property in the 'Ka' list which means that Government was in possession of the building. Now it appears that after disposal of the previous pro...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......Shantoshi Rani Saha (P.W. 1) lodged ejahar at 10-30 PM on 25-1-86 to local police station as above. SI Md.  Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. P..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

.... Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-......ur Razzak Khan, the learned Additional Attorney-General, appearing for the State, on the other hand, submits that the Advisory Board constituted under section 9 of the Act is an independent body and government has no control or mechanism to control its functioning. He submits that since th..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....tried to take lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. T......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....on (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another.................les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....meland Footwear Ltd., Plot No.B‑51, BSCIC, Industrial Area, Tongi, Gazipur and also of 28, Dilkusha Commercial Area, Dhaka‑1000, be wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid company. The Official Liq...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....O. No 16 of 1972), Article 10   The Transfer of Property Act, 1882 (IV of 1882) Section 53A   The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or ter......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

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

....ul Islam Chowdhury. 3 DLR 201: Ali Akbar vs State, 10 DLR 354: Gunjar Mahmmad and another vs Shuruz Ali; (1922) LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat ......re executed by the accused persons in their own name and on their own behalf and that there is nothing in evidence to show that the executants of the said Muktipatras impersonated themselves as somebody else to pass off as persons who actually did not execute the same in the circumstances, ... th..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....zuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Government allotted taka 7,50,000 (seven lac fifty thousand) for consideration of the school buildin......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......r house. At this the informant Ali Ahmed had reason to believe that accused Harish and Harun might have kidnapped his daughter. At about 1-00 AM, PW Abdul Jabbar started shouting that he found a dead body in his Kachcha latrine and the informant and others went there and recovered the dead body from..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....the original memo of the same date issued by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also cl...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50