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Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....tary affidavit-in-opposition and argued that this detenu was involved in the case murder of a student leader named Sajal belonging to Chhatra Dal and as the detenu was a MP of the ruling party at the relevant time, he managed a final report in that case by exerting pressure upon the police. Mr. Zama......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......urt Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Golam Mohammad Khan………………… Petitioner Vs. Government of Bangladesh and others….. Respondents Judgment January 16, 2002. Cases referred To- Mostafizur ......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....nish a copy of the order on demand. We find from the annexure-‘C’, copy of the notice demanding justice that formal request was made on behalf of the petitioner to make available to him copies of relevant order impounding his passport as well as statement of the reasons for making such order. Th......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ner’s passport, (bearing No. Q0506331) issued on 5th August 2001 in Dhaka by the Government of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ark. 6. The defendant in support of their claim filed search report No. 4540 of 1999 dated 7-6-99 regarding Ghari Mark, the application for registration which is No. 60790 dated 18-7-99 along with papers showing marketing of washing soap Ghadi since 1-7-99, legal notice date 20-7-99 issued on beh...... …….Respondent Judgment December 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electric (19...... of the petitioner and so the petitioner had no prima facie case. The petitioner moved Pakistan Supreme Court and at the time of hearing before the Supreme Court both sides wanted to produce some new documents but the Supreme Court held that since the court was examining the correctness of the decis..Category: Intellectual Property Law | Date: | Hits: 200
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......l appearing for the appellants and Mr. Md. Aftab Hossain, the Advocate-on-Record appearing for the respondent No.1 and perused the petition and the impugned order of the High Court Division and other papers on record and perused the leave granting order and the paper book.
11. It appears that the......zlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chairman, Governing Body, Bangladesh Rifles School and College, Bangladesh Rifles Head Quarters, Peel Khana, Dhaka and others..................Appellan......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497...
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494....... the petitioners and Mr. N. K. Saha, the learned Advocate appearing for respondent No.1 and perused the petition and the impugned judgment and order of the Administrative Appellate Tribunal and other papers on record. 7. It appears that the Administrative Appellate Tribunal took a lenient view an......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Managing Director, Bangladesh Krishi Bank, Head Office, 83-85, Motijheel Commercial Area, Dhaka-1000 and another....................................Petitioners Vs. Gopal Chandra Nath and others........nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......ng trial were examined under section 342 Cr.P.C. to which they pleaded their innocence and declined to examine any witness in defence. Accused-appellant Helal, however, filed certified copies of some papers. 7. The defence case as it appears from the trend of cross-examination and the papers subm......is Case is also Reported in: 55 DLR (2003) 160. ......n that case. He also stated that he does not know if Nurul Haque filed GR No. 761 of 1970 against his father. But we find from the statement of Helal made under section 342 Cr.P.C. that he filed some documents in support of the above. This Court by an order dated 7‑6‑90 called for those papers f..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......(2003) 156.......a 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same with the plaintiff-bank. The defendants did not repay the loan mone..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....o note or mention by PW 6 about any allegation or complaint of police torture or threat to him (PW 6) by accused Zakir Hossain. In the absence of any such remark or noting by PW 6 in Exhibit 2 in the relevant columns of Exhibit 2 about any ill treatment or torture by police subsequent allegation abo...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....entered into in this regard between GrameenPhone and the petitioner did not create any obligation for the petitioner to pay for the royalty and license fees every year. The petitioner referred to the relevant agreement in his regard which was annexured to as Annexure-‘F’ to the affidavit-in-oppo......year, the present writ petition is not maintainable and the Rule is accordingly liable to be discharged on that account. 6. The petitioner himself appeared in person and having referred to various papers annexed to the writ petition submits that since GrameenPhone (respondent No. 2) has establish........Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md) Vs. Bangladesh and others, 45 DLR ......this regard before this court at 10‑30 AM on 29‑11-1999. But no record was ever produced in obedience to the said direction. Even during the hearing of the Rule this court desired that relevant documents/ papers be produced showing that GrameenPhone was empowered and within its right under the..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....bjection to admissibility cannot be taken to be secondary evidence once exhibited without objection even on the ground of want of proper notice to produce the original. 16. A document which is not relevant to the issues, even if admitted without objection by the opposite party, must be discarded ......pellants title and possession in the suit lands and that exhibits-Kha and Kha-1 by which the respondent No.1 is claiming title through Pear Baskha by way of taking settlement are forged and collusive papers which had been created for the purpose of the suit. 6. The High Court Division, on the oth...... Appellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hajee Abul Hossain and others...............................Appellants Vs. Md. Amjad Hossain and others................e Court was whether the trial Court was justified in holding so. H. Rahman J. speaking for the Supreme Court answered the point as under: "The Code of Civil Procedure provides for the admission of documents and it is now well settled that if objection to the formal proof of a document has not bee..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
.... accepted the plaintiffs in the similar status with the Banks. 9. The mortgage clauses were attached to and formed part of the policies as evident from ext-1, of them, clauses 1(a)(1) and 1(b) are relevant to resolve the issues involved in these suits which are reproduced below: 1. (a) It is h......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....887, is directed against the judgment and decree dated 25-6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....bi vs. Noor Jahan Begum reported in 35 DLR 338, Jafar Ali vs. Husier Ali and others reported in 46 DLR (AD) 187 and Dalilur Rahman vs. Syed Omar reported in 5 MLR (AD) 24. He has also pointed out the relevant portion of the evidence on record stating that PW 1, the pre‑emptor, informed by PW 2 Moh......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ...... Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....amgir since the incident. Convict Alamgir remained in abscondence till conclusion of trial and he did never submit to the process of court. This act of abscondence on the part of convict Alamgir is a relevant piece of evidence in proof of his guilt and it can be held as a determining link in the cha......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Ba......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120....... Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari with Shamsunnahar Bari, Advocates‑For Respondent Nos. 1‑5. Tufailur Rahman with Sufia Ahmed and AKM Mohiuddin Chowdhury, Advocates-For Respondent No. 6. Writ Petition No. 7377 of 2002. J......espondent No. 6, Affidavit-in-reply on behalf of the petitioner filed against the Affidavit-in‑opposition and Supplementary Affidavit-in-opposition on behalf of respondent Nos. 1‑5 and Annexure D documents filed therewith. 9. It appears that the petitioner was transferred from Potia Unit of B..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....l dated 6‑7‑2002 requesting the petitioner to submit the documents regarding payment of licence fee and other related documentation. The petitioner in support of its application submitted all the relevant documents to BTRC regarding payment of licence fee and royalty for the use of broadcasting ......y fee; in response to that letter the petitioner was informed that it was BTRC which was vested with authority to grant/renew licence for the wireless equipment. BTRC published a Public Notice in newspapers, in particular in the Daily Ittefaque dated 3‑3‑2002, inviting applications from those wh......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......‑mail dated 8‑6‑2002 requesting the petitioner company to send the details of payment of licence fees, etc. BTRC sent another e mail dated 6‑7‑2002 requesting the petitioner to submit the documents regarding payment of licence fee and other related documentation. The petitioner in suppor..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Salauddin Jamil....................................Petitioner Vs. Amjad Ali Khan and another .................Opposite Parties Judgment January 21, 2004. Case Referred To-......in Court but also to dispense with the requirement of issue of the notice by the Court. 17. Under section 14(2) of the Arbitration Act, the umpire was required to file in Court all depositions and documents, may be, including the awards of the arbitrators in this case, which might have been taken..Category: Alternative Dispute Resolution | Date: | Hits: 161
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... 8. Mr. Sheikh Muhammad Sirajul Islam, the learned Advocate for the appellants, took us through the FIR, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the ....... This Case is also Reported in: 56 DLR (2004) 69.......Mr. Sheikh Muhammad Sirajul Islam, the learned Advocate for the appellants, took us through the FIR, charge-sheet, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......er, the learned Advocate for the appellant, took us through the first information report, charge-sheet, charge so framed, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the ......dgment July 21, 2003. Cases Referred To- Elias Hossain vs. State, 54 DLR (AD) 78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accuse...... learned Advocate for the appellant, took us through the first information report, charge-sheet, charge so framed, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....that Act to any Court, whether with or without the approval of his higher authority. 4. We have carefully perused the application, supplementary affidavit, the annexures thereto and considered the relevant laws (as amended to date) and also the related circulars. It may be mentioned that these ci...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......is also Reported in: 56 DLR (2004) 62. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
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