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

...., under section 3 of the Ordinance, in the prescribed form and manner "at convenient places on or near the property proposed to be acquired". In the instant case the notice under the said section was published on February 8, 1993. After disposal of objection, if any, in the light of the provision of......n, Senior 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). ......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......e 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 paid to them an..

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. ......ppeared 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, 80......g. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......are, therefore, dismissed. Ed. ..

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. ......-Divisional Officer, Sadder, Dhaka for release of the property, again on 6-1-1982 he applied to the Sub-Divisional Officer for release of the property and the said officer started a proceeding and by order dated 24-5-1982 and  10-6-1982 expressed opinion that the suit property has not vested in......  (Civil)   Present:   Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Resp......ct, 1877 (I of 1877), Section 42   The plaintiff was 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: &nb..

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. ......peal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instance of the state calls in question the judgment and order dated 21.4.1998 passed in Criminal Revision No. 41 of 1969 arising out of D.A.B. G.R. Case No.......ted in: III ADC (2006) 251. ......ivil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J The State………...Appellant (In Criminal Appeal No. 18 of 1998) Alhaj Abdul Wadud Khan…….....Petitioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque and others…………....Respond..

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

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

....to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st October 2001 and 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 th......ed by 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 20......e. Ed. ......der, 1972 (P.O. 155 of 1972) Article 49(4)   At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit..

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)

.... upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সনদ জাল” published in the daily Prothom Alo on 30‑10‑2004 and also upon the respondents Nos.3 and 4 Edito......ged in the presence of the Court. 13. In 1634 a similar offence was committed by James Williamson by throwing a stone on the Judges on the Bench. He was forthwith indicted and his right hand was ordered to be cut off, and the hand was fixed at the entrance of the gate where it remained for year......s no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ......cial Original Jurisdiction) Present: Md. Abdul Matin J AFM Abdur Rahman J Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Resp..

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)

....ssion of such non-fire arms without licence and against the manner permitted shall be an offence rendering the possessors liable to be prosecuted. If such notification is issued by the Government and published in the official gazette specifying the area the possession of non-fire arms as defined wit......ers Involved: 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....... The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......(2006) 1. ..

Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....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. ......- For 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 In......lication is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......igh Court Division (Special Statutory Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Anil Chandra Paul.................................................Petitioner Vs. Commissioner of Taxes.........................................Respondent Jud..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......ted in 47 DLR (AD) 162 and in the case of Muslemuddin (Md.) and others Vs. Md. Jonab Ali and others reported in 50 DLR (AD) 13. 21. In the result, the Rule is made absolute, however, without any order as to costs. 22. The impugned judgment and decree dated 7‑6‑2001 passed by the Subord....... Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......p;   ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....decisions of such the question of the being bank a loan defaulter does not arise. He further stated that before issuance of the rule by this Court on 24.05.2004, the result of the election has been published in the official gazette on 15.05.2004 and as such the High Court Division has no jurisdi...... (In Civil Appeal No. 229 of 2004) Not Represented-Respondent No.2 (In Civil Appeal No. 230 of 2004) Civil Appeal Nos.229 and 230 of 2004 (From the judgment and order dated 01.08.2004 passed by the High Court Division in Writ Petition No. 2677 of 2004). ...... order complained of are set aside. Ed. ......he Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election. 2.  Government of Bangladesh and Deputy Commissioner Jhalakathi filed Civil Appeal No. 230 of 2004 arising out of the same judg­ment and order..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....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.   ......ment Siddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of 11 (eleven) accused‑petitioners is directed against the judgment and order dated 28‑3‑2002 passed by the learned Sessions Judge, Sirajgonj in Criminal Appeal No.10 o...... 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

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     .......93 of 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case N......f our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ...... High Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Ayub Ali..........................................Petitioner Vs. State..............................................Opposite Party Judgment ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

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

....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: ......he 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 inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-......he learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ed in: ..

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

AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ......ension and gratuity to the petitioner in terms of his service conditions shall not be held responsible and be directed to pay compensation for the delay. 2. After issuance of the Rule an interim order was passed directing the respondents to arrange payment of the pension and gratuity to the ext......ervice to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ...... High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Moyeenul Islam Chowdhury J AK Fazlul Hoque ..........................................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents ..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

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

....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. ......and Import and then submitted bill of entry. While assessing the consignment the customs authority labouring under misconception of law that the goods are covered by PSI scheme passed an adjudication order and imposed a penalty of Tk. 3,90,000 for non‑compliance with the provision of SRO No.316 da......e 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. ......reme Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment M..

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)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Judgment                  Md. Ruhul Amin J.- This is plaintiffs’ appeal by leave, against the judgment and order dated August 10, 2000 of a Division Bench of the High Court Division in Civil Revision No.44......ccordingly, the appeal is allowed. There is no order as to cost. Ed. ......g 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 filed an application seeking injunction for r..

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)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. .......35 of 1992 upon reversing those dated 28.6.1992 passed by the Additional Court of the Subor­dinate Judge, Dhaka decreeing Title Suit No.66 of 1991 should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner as plaintif......………………………………………………..Opposite Parties With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka………………………………… Petitioner Vs. Mohammad Shafiqul Haque ......umar Das J Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka…………………………………………………………………………………..Petitioner Vs. Md. Safiqul Huq and others………………………………………………..

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)

....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. ......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 submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Di...... 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. ......Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondent..

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)

....accounts of the company, the respondent No. 1 was one of the joint signatories along with the appellant No.2; immediately after starting of the piling works of the above VIP Tower advertisements were published by the Company for allotment of 520 shops and sale of 248 apartments and then the company ......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 163 of 2003. (From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000). Ju...... is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......d by the company in violation of the Articles of Association of the company, hereinafter referred to as the Article, and also for withdrawal of several returns filed by the company removing the petitioner from the Board of Directors of the company. In the said application it was contended, inter ali..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......Article 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary.   In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultati...... appeal is dismissed without any order as to cost.  Ed. ......ourse on 26.02.1989. The training course continued up to 07.06.1989. On 08.06.1989 the H.S.C. Examination under the Jessore Board started in Muladi College Centre. Mr. Abdur Rouf, Assistant Commissioner and Magistrate, First Class, Barisal Sadar was deputed by the Deputy Commissioner, Barisal by ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126