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State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....earned Sessions Judge upon examination of the record and the materials along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The principle of quashing proceeding has been formulated in the celebrated decision in the case of Abdul...... 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. ......5. Cases Referred to- Abdul Quader Vs. State, 28 DLR (AD) (1976)38, Ghulam Muhammad Vs. Muzammel Khan, P.L.D. 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (S.C.) 764, R. P. Kapur Vs. State of Punjab, A.I.R. 1960 (SC) 866, M.S. Khawaja Vs. Stat..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)
....ithout jurisdiction or made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......h vs Md. Shajahan 2000 BLD (AD) 166 = 5 BLC (AD) 25; Asma Begum vs Bangladesh and others 2001 BLD (AD) 134; Mostafa Kamal vs. First Court of Settlement and others 48 DLR (AD) 61. Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Mvi..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....he Minister was issued without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaran...... 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. ........Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229. Lawyers Involved: Rafique‑ul Huq with Ahsanul Karim and Faheemul Huq- For the Petitioners. ..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.......………………………..Respondent Judgment May 9, 2005. Case Referred to- Nazrul Islam vs. State, 50 DLR 103, Khondker Moniruzzaman vs. State, 1997 BLD (AD) 54 = 1 BLC (AD) 226. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Appellant. Nikhilesh Dutta, Deputy Atto..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ioners submitted that this Division consisting of 3(three) Judges' Bench illegally did not follow the decision of the 5(five) Judges' Bench of this Division reported in 46 DLR(AD)19 contrary to the principle of the doctrine of binding precedent requiring that a judgment of the larger Bench should ......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 ......ons are dismissed. Cases Referred to- Bangladesh Vs. Azizur Rahman and others, 46 DLR (AD) 19; Zenith Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-o..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....ested the suit by filing written statement denying the material allegation as made in the plaint and stated that the suit is not maintainable in its present form, barred by limitation and by the principle of estoppel and res judicata and no notice was properly served under section 106 of the Tr......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. ...... competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawyers Involved: Md. Abdus Samad with MGH Ruhullah, Advocates - For the Petitioners. ..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)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......f abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental right of the citizen..............(11) Lawyers Involved: AJ Mohammad Ali, Attorney‑General, instructed by Ahsanullah Pat..Category: Property Law | Date: 4 May, 2005 | Hits: 115
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. ......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. ......Abdul Hye J M Moinul Khan………………………………………Appellant Vs. State…………………………………………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. ..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. ...... 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. ...... 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nagandra Chandra Sarker Vs. Aftab Uddin, 15 BLD (AD) 133; Alauddin and others Vs. The state, 4 BLD 75. Lawyers Involved: Muhammad Nazrul Islam, Advocate - For the appellant. None appears - For..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....learned Counsel submits that in the absence of money element proviso to section 17 (1) of the Act has no application to a decree of the SCC Court and that as the ex parte decree being negation of the principle of hearing the other side and that as the appellant who was a defendant in the SCC suit be......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. ......; A.K. Murshed Ahmed Vs. Md. Meher Ali and others, 35 DLR (AD) 178; Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 37 DLR (AD) 174; Kedarnath Vs. Mohan Lal Kejar Wari and others, AIR 2002 SC, 582. Lawyers Involved: M. Amir-ul-lslam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-..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. ......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ......d others….......................................Respondents Judgment April 24, 2005. Result: The application is rejected. Case Referred to- 1995 BLD (AD) 12. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocate‑ For the Applicants. M Mok..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ng 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 evidence. 27. It is established principle of Criminal Jurisprudence that the prosecution has to prove the case beyond all reasonable......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. ...... The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bimal Chanda Das and others Vs. State, 51 DLR 466. Lawyers Involved: Abul Basher Bhuiyan with Md. Shamsul Alam, Advocates‑ For the Petitioners...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. ..................................Respondent Judgment April 19, 2005. Result: The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the App..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ......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. ......1986 BLD (AD) 5 = 40 DLR (AD) 200; State Vs. Abul Howlader, 48 DLR 257; Arzan @ Iman Ali Vs. State, 48 DLR 287; Mobarak Hossain Vs. State, 33 DLR 274; Al-Amin and 5 others Vs. State, 51 DLR 154. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General with Giasuddin Mithu, ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....esh and Others in Writ Petition No.294 of 2001 and a Division Bench of this Court, in a similar situation, directed the BTTB to enquire into the correctness of the bills and to issue fresh bills. The principle expressed in the case referred to above applies in the facts and circumstances of the inst......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. ......pril 12, 2005. Result: The Rules are disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....ned. Their evidence is also evidence within the meaning of section 3 of the Evidence Act. So, the unimpeachable evidence of the personnel can very well form the basis of conviction which is a settled principle of law. (Underlined by us) Regarding second submissions of the learned Counsels that the p......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. ......p;…………Respondent Judgment April 11, 2005. Result: Criminal Appeal No.13 81 of 2002 is dismissed. Criminal Appeal No.1396 of 2002 is allowed. Lawyers Involved: Ashif Hossain, Advocate‑ For the Accused-Appellant (In Criminal Appeal No.1..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
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. ......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. ......…………………………………Respondents Judgment April 2, 2005. Result: The Rule is made absolute. Lawyers Involved: Monzil Murshid with Md. Abu Zafor Siddique, Advocates‑ For the Petitioner. ..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. ......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. ......eriod of limitation was barred by limitation and the same not being extendable in any situation appellant’s filing of the case after mutating their names was not competent. ..............(24) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Firoz Shah, Advoca..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......resent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwar..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)
.... 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. ...... 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. ......s in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…….(6) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
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