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

.... to have been made upon ignoring any material or any material fact having the bearing in making the decision in the aforesaid matter was left out of consideration. In fact, the High Court Division on fresh assessment of the fact of its own resettled the question of fact upon sitting over the judgmen......t in any building which is included in any list published under section 5 may, within a period of one hundred and eighty days from the date of publication of the list in the official Gazette, make an application to the Court of Settlement for exclusion of the building from such list or return or res..

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

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

.... 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.   ......lared 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 plan of the project on the basis of application dated 12‑9‑01 and why the impugned memo shall not be declared as violative of the fu..

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

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

....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.......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...

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

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

....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ...... considered in a subsequent meeting held on 26.11.88 by the Public Service Commission wherein it was decided that if the ad hoc ap­pointees had appeared at the interview with outside candidates when applications were invited, after ad hoc appointment for filling up the said posts and the ad hoc app..

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

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... huge financial loss, as the plaintiffs did not make any renovation of the premises. 5. The trial Court dismissed the suit and being aggrieved thereby the plaintiffs as peti­tioners filed an application under section 25 of the Small Cause Courts Act (Act IX of 1887) before this Court and ob..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

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

....al, submits, inter alia, that the learned Judges of the High Court Division had no power to re‑assess the evidence. But the High Court Division reassessed the evidence and based its judgment on fresh appreciation of evidence as if sitting in appeal and thus committed error of law in setting as......ent did not file any written statement before the Court of Settlement.   4. The Court of Settlement by its judgment and order dated 10‑4‑1988 dismissed the case. A review application filed thereafter was also rejected. They therefore, moved the High Court Division in its..

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)

....ndover vacant possession on 30.3.1973. But inspite of the aforesaid orders passed by the competent authorities, possession of the same was not given back to the father of the petitioners. Instead a fresh case for requisition, being L.A. Case No.71 / 1976-77 was started in respect of the same lan...... 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)

....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. ...... learned Additional District Magistrate, Sylhet to make inquiry into the case and submit the report by 30-6-2004. It is further stated that the learned Additional District Magistrate, Sylhet filed an application praying for relieving him from the duty of holding the inquiry into the case, as he was ..

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

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

....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. ......mall cause suit furnishing security for the performance of the decree or compliance of the judgement is mandatory. Proviso to section 17 (1) of the Act for furnishing security is mandatory. If an application for setting aside such an ex parte decree is filed within the period of limitation along..

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.                 ......) and another.........................Petitioner Vs. Bangladesh and others….......................................Respondents Judgment April 24, 2005. Result: The application is rejected. Case Referred to- 1995 BLD (AD) 12. Lawyers Involved: ..

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.   ......in 9 DLR 586 and the Bimal Chanda Das and others Vs. State reported in 51 DLR 466 in support of his contention. 15. Mr. MU Ahmed, the learned Assistant Attorney‑General, opposed the revisional application contending, inter alia, that the prosecution has successfully proved the case that the a..

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. ......im was 24 years of age. The bail petition was supported by (a) a release certificate from his previous school and (b) medical papers showing that he was undergoing treatment. While rejecting his bail application the learned Tribunal directed medical examination of the jail appellant for determining ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

....ainst some of its unscrupulous officials for fictitious calls causing a loss of Taka 2,50,000, 00 to it. He lastly, submits that the objections raised by the petitioners were not enquired into and no fresh bill was issued upon the petitioner after taking into consideration the bills issued earlier, ......d disconnection of their telephones, praying for a direction for restoration of connection of their telephones. 3. In Writ Petition No.3230 of 2002, the case of the petitioner is that he made an application for telephone at his residence under Gulshan Digital Telephone Exchange. Accordingly, on..

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......the case properties were declared as abandoned properties by the government. The respondent made several representations to the Board of Management of Abandoned Properties. During the pendency of his applications before the authorities the respondent was evicted from the case properties in the later..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

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.       ......ushtia. The petitioner was appointed as Special Public Prosecutor for Kushtia Judge Court and performed his duties from 1996 to 2001 with sincerity and honesty, On 7‑11‑96 the petitioner filed an application to the Ministry of Law, Justice and Parliamentary Affairs for appointing him as a Notary..

Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......d land but the authority directed the appellants to get their title settled through civil court since revenue record stands in the name of persons other than the appellants, that they filed two other application, one on March 30, 1994 and another on April 5, 1994 but compensation assessed was not pa..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... We also find that Syed Mahabubur Rahman filed an application to the prescribed authority for release of the property on 2-5-1972 and in continuation of that the plaintiff i.e. his full brother filed fresh application on 6-1-1982 and that in a suit for specific performance of contract time starts to......arties and that the suit has been undervalued and proper Court fees have not been paid thereon. He further submits that the prescribed authority (the Sub-Divisional Officer, Sadar) did not act on any application submitted by the plaintiff within 3 months of the promulgation of PO No. 16 of 1972. He ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ...... 26, 9.4.1994 as aforesaid was started which is pending before the Court of Chief Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Moti..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......nd the respondent No.3 was declared elected in the election and the result was published in the official Gazette on 4 October, 2001. The appellant challen­ged the result of the election filing an application under Article 49 of the Representation of the People Order, 1972, hereinafter referred t..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

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)

....ontended that in absence of any definition of contempt and in view of the protection of the freedom of press by Article 39 of the Constitution the law relating to contempt of Court must be construed afresh. The pre-constitutional decisions on contempt of Court should be construed as to harmonize the......ngladesh....................Petitioner Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents Judgment March 21, 2005. Result: The application is disposed of. Cases Referred to- Case No.6506 of 2000, State Vs. Chief Edito..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7