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Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....view petition Nos. 50 & 51 of 2004. Judgment Mohammad Fazlul Karim J. - Respondent Nos.1-10 in the Civil Appeal being Nos. 69, 70, 71 and 72 of 2002 seek review of the judgment and order dated 4th of May 2003 passed by this Division allowing the appeals upon setting aside the judgment a......n making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362 of 2000 declaring the impugned order in Memo dated 27.9.1998 Annexure—'K' issued by the respondent No. 1 and the impugned decisions under item nos. 12 and 13 and adopted/taken at the meeting of the Standing Committee compr..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....ite Party. Civil Revision No.2643 of 2001. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party to show cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 1995 should not be set aside and/or pass such other or f...... revisional Court to consider the same and arrive at a proper finding on the basis of the evidence on record and finally dispose of the case. In support of his contention, the learned lawyer refers a decision as reported in 1996 BLD (AD) 31 = 49 DLR (AD) 80. The learned lawyer next submits that the ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
....d to handover the vacant possession of the
land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the
new Govt. High School to the petitioner and why the impugned auction notice
dated 18.5.1998 as contained in Annexure-E to the writ petition for sale of two
storied old buildin...... as per order dated 12.12.1979 after observing all the
formalities. The School upon the land in question was established in 1933 and
the building of the School being in dilapidated, Government took decision to
renovate the School by floating tender for construction work. The School is
under the ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ohammad Ziaul Karim J.- This appeal under section 417(2) of the Code of Criminal Procedure at the instance of complainant appellant Md. Farid Uddin Ahmed is directed against the judgment and order dated 9.11.1992 passed by the learned Senior Special Judge, Narayangonj in Special Case No.17 of 19......he criminal breach of trust or dishonest misappropriation of money the time included between the first and last of such dates shall not exceed one year. It has been held by the privy council in the decision reported in AIR 1936 (Pc) 53, the rule which applied is that where a power is given to d..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....datory. If an application for setting aside such an ex parte decree is filed within the period of limitation along with an application for necessary direction and the court gives the direction on any date after expiry of period of limitation and compiled with within the time given by the court but b......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)
.... Judgment Siddiqur Rahman Miah J.- This Criminal Revision under section 439 Code of Criminal Procedure at the instance of Montu, Sayeed and Iman Ali are directed against the judgment and order dated 3‑8‑2004 passed by the learned Sessions Judge, Tangail in Criminal Appeal No.103 of 2004 a......gment and order of the Magistrate dated 23‑5‑2004. I do like to reinter in the evidence on record as the trial Court as well as the appellate court carefully scrutinised the evidence arrived at a decision. I like to discuss salient features of the evidence on record. 17. Prosecution has exa..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
.... 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 short, Tr......hey did not ask the jail appellant or the victim why they committed such immoral act. He stayed in the salish for 10/15 minutes. He did not stay there till the end of the salish. He did not know what decision was taken there. He heard that the jail appellant used to read in a school but he did not k..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....Sharif of village Choto Bahirbap PS Kashiani District Gopalganj was given in marriage with sole accused Md. Rafiqul Islam Mollah of village Sutfa, PS and District-Gopalganj. About 4 months before the date of occurrence, Salma was brought to the house of her husband and she began living there with hi......ed husband is under legal obligation to give an explanation as to how his wife met with her death in his house. In support of his contention the learned Assistant Attorney-General has referred to the decision in the case of Giasuddin Vs. State, reported in 55 DLR 328; in the case of Shah Alam and ot..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....n of the bills. But respondent No.4 failed to hold any enquiry and thereby did not make any rectification of the bills. The petitioner brought this matter to the notice of respondent No.2 by a letter dated 31‑7‑2001 quoting all previous objections. The petitioner raised objection on 22‑5-......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....ferred by the convict appellant Md. Asadul Hossain and Mukul Hossain respectively have been disposed of by this same judgment as they are directed against the same judgment of conviction and sentence dated 3‑4‑2002 passed by the learned Court of Special Tribunal No.1 Chuadanga in Special Tribuna......ral next submits that the submission made by the learned Counsels for the accused appellants to the effect that the evidence of the police personnel cannot be taken into consideration for coming to a decision in connection with the instant case has no legs to stand in that it is not rationale to dis..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... Md. Awlad Ali J.- This Rule arises out of the impugned letter vide Memo No.1038‑R/6/7N-73/2003 dated 17‑12‑2003 issued by the Deputy Secretary (Competent Authority), Ministry of Law, Justice ......and thereby removed his name from the Notary register. It is contended that the cancellation is ex facie arbitrary, discriminatory and malafide. The petitioner also filed an application to review the decision of the authority but without any result. It has been contended that no show cause notice wa..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....ior Advocate, instructed by Md. Firoz Shah, Advocate-on-Record— for the Appellant. Not represented-the respondent. Civil Appeal No. 174 of 2003 (From the judgment and order dated March 30, 2002 passed by the High Court Division in Civil Revision No. 4555 of 1999). ......mits the proposal in the background of the quantity of land going to be acquired to the authority as in section 4 (3) of the Ordinance and then if as per provision of section 5 of the Ordinance final decision is made by the authority for the acquisition of the property then in the light of the provi..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....d with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal Nos. 55-57 of 2005. (From the judgment and order dated 18-7-2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 9064, 8038 and......ncois Charles Oberthur, France became the 2nd lowest and the tender committee after considering the tenders and qualifications of the tenderers sent the matter to the Ministry of Home Affairs to take decision and it was stated in the note sent to the Ministry that Calcutta Security Printers Limited ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....ed by MG Bhuiyan, Advocate-on-Record—For Respondent No. 1 Dispensed with— For Respondent Nos. 2-10. Civil Appeal No. 104 of 1998. (From the judgment and decree dated 22-2-1994 passed by the High Court Division in FA No. 107 of 1989). Judgment &...... 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
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....Syed Mahbubur Rahman, Advocate-on- Record-For Respondent No. 3. Dispensed with-Respondent Nos. 1, 2, 4-25. Civil Appeal No. 147 of 2002. (From the judgment and order dated 30‑4‑2002 passed by the High Court Division in Election Petition No. 6 of 2001). ......nbsp; Amirul Kabir Chowdhury J.- This appeal by leave granted by the High Court Division at the instance of the appellant-election petitioner Saber Hossain Chowdhury arises out of a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....tions for the year 1989 under the University of Chittagong which were held in January and February, 1990. The results of the final examination was published through Gazette Notification No.24269‑77 dated 26‑11‑1990 under roll number 3652 and the result of the preliminary examination was publis......y 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 them with the constitutional safe..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....volved: Md. Nurul Islam Chowdhury- For the petitioner. No one- For the respondent. Writ Petition No. 5732 of 2002 Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated 25.8.02 passed by the Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 ......definition of arms and also the provision requiring any person to obtain license for the aforesaid arms, which are not fire-arms, that no license is required to keep a dagger. Paragraph 9 of the said decision is as under- “Considering the law as aforesaid we hold that no licence is required to..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....the Respondent. Reference Application No.594 of 2003. Judgment Md. Abdul Hafiz J.- This Reference Application under section 160 of the Income Tax Ordinance, 1984 arises out of an order dated 16‑7‑2003 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income T......quire into the matter in accordance with law and the entire process was arbitrary and on surmise. 17. So far the question raised in questions (f) and (g), it appears that there is nothing in the decision of the Tribunal as to how and why family expenditure for the assessment year 1999‑2000 wa..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
.....1. Civil Revision No.5672 of 2001. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the defendant—appellant-petitioner is directed against the judgment and decree dated 7‑6‑2001 passed by the Subordinate Judge, 2nd Court, Gopalganj in Title Appeal No.37 of 20......ettled that the plaintiff would pay Taka 13,800 to the defendant No.1 within 5 days and accordingly, the defendant No.1 delivered possession of the suit land in favour the plaintiff. Pursuant to that decision the plaintiff paid Taka 13,500 to the defendant No.1 on the 20th Magh, 1402 BS. in presence..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to set aside the election and whethe......he election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice in law no writ petition is mainta..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
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