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Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

..... Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127.......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ......this article gives absolute and uncontrolled discretion to decline or refuse to register any proposed transfer of shares. But a long line of judicial decisions in England, Bangladesh, Pakistan and India have held that such a discretion is not, in fact, absolute and uncontrolled. The nature and e..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......self has so introduced, even though it is not supported by any law…………(16)    Cases Referred to-   Narendra Chedda vs. Union of India AIR 1986 SC continued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md A..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ...... The High Court Division after referring to section 233 of the Companies Act 1994 observed that section is equivalent to sections 459 and 461 of the English Companies Act, 1985, section 397 of the Indian Companies Act, 1956 and sections 53 and 260 of the Australian Companies Act, 1989. An analys..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ......209;tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR 1982 Cal 92. Lawyers Involved: Abdul Wadud Bhuiyan, Se..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......d the suit against its principal the ESPN Star Sports and 268 others for decree of perpetual injunction restraining the defendant No.1 ESPN Star Sports of Singapore and defendant No. 2, ESPN Software India (Pvt.) Ltd. of India, from dealing with defendant No. 3, Ismail Dobash, proprietor of the Tota..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

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

....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.  ......dule ‘A' to the plaint belonged to erstwhile East Pakistanis i.e. defendant Nos. 5‑12 and the property described in schedule 'B' belonged to the plaintiffs, the migrants from the Tripura State, India. Plaintiffs instituted the suit stating, inter alia, that they were the inhabitants of Tripur..

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

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......ound her neck her father and brother could not stop him. She denied that the accused appellant did not demand any dowry. She further denied that she along with Panna and the accused appellant went to India for treatment. She also denied that she knew Panna Rani Chakraborty. 9. Santosh Das, brothe..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

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

.... of a false statement in a document could riot come within section 464 IP Code and would riot amount to forgery." Lastly, the learned Advocate has referred to the case of Rani Ghulam Singh vs Emperor reported in AIR 1929 ‑Allahabad 396. Therein it has been held a document would not be......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

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

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....LR 285, 15 DLR SC 355, Wiseman Vs. Re (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Repor...... c.22, s.35), RV Almon (1765), Wilm, 243 at page 255, AIR 1952 Cal 258, PLD 1961 (WP) Lah 51, AIR 1941 BOM 228, 35 DLR (AD) 290 in paragraph No. 13, (1887) 35 Ch.D. 449, Charen Lal Saher Vs. Union of India and another, (1988) 3 SCC 255, SP Gupta AIR 1982 SC 149, Supreme Court Advocates-on-Record Ass..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ......1994 making the Rule absolute. 2. The facts leading to the leave petition are that the petitioners Golam Rabbani and six others are the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑196..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......l allegations made in the plaint, contending, inter alia, that the suit was not maintainable in its present form; that the aforesaid recorded owners Upendra Nath Paul and Nripendra Nath Paul left for India permanently and, as such, the property in question has been rightly declared as an enemy prope..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......he process followed by the Committee is hazy and blurred, it is not transparent. In the case reported in AIR 1996 (SC) 11 (which is cited by Mr. Syed Ishtiaq Ahmed), we find that the Supreme Court of India is of the opinion that while making judicial review, the Court cannot review the merits of the..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......s Zilla Parishad 51 DLR (AD) 257; Mahaprabhu Ram vs Gopal Ram 42 DLR (AD) 154; Jogeridra Nath vs Amulya Chandra, 44 DLR (AD) 147; Abdus Sattar vs Abdul Rahman. 44 DLR (AD) 100; Secretary of State for India vs Debendra La) Khan, 38 CWN 285; Secretary of State for India in Council Vs. Debendra Lal Kha..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......ve been enacted. Thus a restricted delegation in aid of the proper functioning of legislative power has not been regarded as unconstitutional." In the case of in re: Article 143 Constitution of India and Delhi Laws Act (1992) Special Reference of 1951 reported in AIR 1951 (SC) 332 it has been ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......45 DLR (HCD) 643; Shiplu and another Vs. The State, 49 DLR (HCD) 53; Bablu Vs. State, 1 BLD 1981 (HCD) 454; Bakhtair Hossain Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Kha..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

.... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ......r. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary Ministry of Government of the People’s Republic of Bangladesh, Bangladesh Secretariat and others, 48 DLR 438; Vincent Vs. Union of India, AIR 1987 (SC) 990; Subsah Kumar Vs. The State of Bihar, AIR 1991 SC 420; Ms. Shehla Zia Vs. W..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......folk and Wisbech Area Health Authority and another 1985 3 All ER 402); Kazi Mskhlesur Rahman Vs. Bangladesh 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1, SP Gupia Vs. Union of India AIR 1982 (SC) 149; 43 DLR (AD) 126; BLD 1992 (AD) 154; Ayesha Vs. State, 19 DLR 681; Jahanara ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......f pre-arrest bail. It is only by judicial interpretations of sections 496/497 and 498 of the Code of Criminal Procedure that anticipatory bail is being granted in our country. 32. In the Indian jurisdiction, we find that section 438 of the Code of Criminal Procedure provides for granti..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....tion is otherwise barred by law. A prosecution cannot also be quashed just because it was initiated at the instance of the Home Ministry. Cases Referred to- Sudbanya Bawali & others Vs. Emperor 18 Cr. Law Journal 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Ch...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58