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Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………...... and 24 examined one witness, the defendant Nos.4, 5, 14, 15 and 22 examined one witness and the defendant Nos.16-19 examined one witness in support of their respective claims. The parties also filed documents marked exhibits. 6. The High Court Division appears to have discussed the evidence on..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......iled this petition for leave to appeal. 19. Heard the learned Counsel appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 20. It appears that the High Court Division rightly held that the plaintiff has......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
....f Justice, while recommending four names had indicated so. It remains a doubtful proposition. We could ascertain the true state of affairs if the learned Chief Justice had been made a party or if the relevant documents had been called for. Be that as it may, if all the judges were equally competent,......responding to 18th January 2001, wherein the alleged remark of the Prime Minister was published. These are the averments made by the petitioners in this writ petition and they have annexed only three papers namely, the paper cutting of the newspaper "The New Nation published on 10th January, 2001, t......in: 55 DLR (2003) 332.
......tution including its Preamble as well as the Fundamental Principles of State Policies show the ideals and principles for which our national martyrs sacrificed their lives. Essential features of these documents are the People's Sovereignty, the Constitution's Supremacy, the Independent Judiciary, Dem..
Category: Constitutional Law | Date: | Hits: 126
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
.... of occurrence house after the Jumma prayer and he heard that the convict appellant was beaten by the Sagardigi camp police. 12. PW 4 Sachindra Chandra Barman was a village police (Dafadar) at the relevant time. He stated that while he was on duty on 30-8-1991 he heard that there was an occurrenc......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......din J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 11 BLD (AD) 202, 43 DLR (AD) 64A; St......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......ector, Director Company Secretary and Director of the company respectively and it is also the Case of the plaintiff that appellant No.1 wrote to respondent No. 2 on 2-5-99 asking him to hand over all papers and documents of the company on or before 9-5-99. Thereafter the respondents instituted the p......Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Pap......ctor Company Secretary and Director of the company respectively and it is also the Case of the plaintiff that appellant No.1 wrote to respondent No. 2 on 2-5-99 asking him to hand over all papers and documents of the company on or before 9-5-99. Thereafter the respondents instituted the present suit..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....llate Court, no matter whether the appeal was preferred by First defendant or not or whether any cross appeal or cross- objection was presented by First plaintiff. The non obstante clause is directly relevant, for it totally avoids any condition that a party seeking the benefit of the Rule should i...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Hasibur Rahman (Md)…………….Petitioner Vs. Shakila Begum and another…………….Opposite Parties Judgment August 24, 2000. Cases Re...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....laintiff appellant to prove the genuineness of the allegation of sickness and of the Medical Certificate to ‘prove’ the sufficient cause which prevented him from appearing before the Court on the relevant date. The appellate Court below has not taken into consideration at all the application fil......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......upreme Court High Court Division (Miscellaneous Appellate Jurisdiction) Present: Md. Abdul Aziz J Raisuddin (Md)…….. Appellant Vs. Sitaram Bhar and others……..Respondents Judgment February 12, 2001. Cases Referred To- ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......53 DLR (2001) 127. ......uty and VAT as per Baggage Rules. On scrutiny of the Final Report it appeared to us that the Investigation Officer in a vague way made the said recommendation without specifying with reference to the documents out of 100 seized items of goods, how many items were brought by them and furthermore, in ..Category: Criminal Law | Date: | Hits: 101
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
.... accused to enter into the house of the informant and to come out from that house. So, we find that China Begum is the only witness who saw the accused to enter into the house of the informant at the relevant time. This China Begum has been examined as PW 7 but she has stated that she does not remem......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ...... Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has submitted that in this Case the victim is a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....d have been shaped after the English Common Law. “The Court has a duty”, says Selbourne LC “to discharge towards the public and the suitors, in taking care that its records are kept free from irrelevant and scandalous matter’. However, “Nothing can be scandalous which is relevant.” (Cott......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Bibhu Ranjan Das ………………………Petitioner Vs. Hakim Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases ......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....rlidhar, In re reported in Criminal Law Journal, Volume 20 page 34 and the Case of AC Tops Vs. Emperor reported submissions of the learned Advocates of both the parties it is necessary to examine the relevant provisions in the same volume of the Criminal Law Journal page 241. 7. In order to c......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2......ection with an allegation received from Interpol as well as on the basis of extradition request made by the British High Commissioner in Dhaka vide Note Verbal No.169 dated 28-6-1998 along with other documents including a warrant of arrest dated 13-5-1998 issued by Luton Magistrate’s Court in the ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....guments advanced by the learned Advocates for the appellants and the learned Deputy Attorney-General for the State, it will be convenient to state at first the background and then chronologically the relevant facts. 11. The background briefly is this. Kawran Bazar Commercial Area, briefly KCA, wi...... and that an amount of taka three and half crore was spent for the construction of Janata Tower. 8. Prosecution examined 35 witnesses while defence examined none. Accused No.16 however, filed some papers at the time of his examination under section 342 Cr.P.C. 9. On consideration of the eviden......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....e upon the detenu. The order was signed by the District Magistrate, Jhenaidah on 24-6-99. From this order itself we find that it was served upon the detenu on 19-6-2000. 5. We have perused the relevant sections under which the order of detention is passed. The order in the instant Case was pa......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......ellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000. La......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....r under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ....... This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....al lessee. It should be mentioned here that the respondent could not substantiate this fact also that the petitioner was not found in building in question by the survey team in 1984 by submitting the relevant survey report or any materials. However even if this alleged fact is as true then also this......de submission to the effect that the petitioner is all along in Bangladesh and he was a government servant till 14-01-92 and at present also he has been drawing his pension regularly and that all the papers including the lease deed, mutated Khatian Loan sanction letter, rent receipts, tax receipts, ......d in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....d in matter No.5/99 and the observation made therein as regard the entitlement of the respondent No.3 to function as the Managing Director of the company has no bearing in the present premises as the relevant portion of the letter dated 16-4-1998 and the resolution passed in extraordinary general me......sion dated 13-3-2000 in Matter No.5 of 1999 the respondent No.2 is the Managing Director of the company. 7. The respondent No.2, has, in his supplementary affidavit-in-opposition, annexed some papers including the judgment of the Company Bench in matter No.5 of 1999 and a letter dated 16-8-19......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ......med the BSRS of the companies acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respon..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....vocate for the opposite party—House Building Corporation. 6. It appears from the perusal of the revisional application together with the papers filed the including the impugned order and the relevant law, Bangladesh House Building Finance Corporation Order, 1973 (President’s Order 7 of 19......site party. 5. Mr. Shaheed Alam, the learned Advocate for the opposite party—House Building Corporation. 6. It appears from the perusal of the revisional application together with the papers filed the including the impugned order and the relevant law, Bangladesh House Building Financ......Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Arif Rahman…………………..Petitioner Vs. Commissioner of Customs and others…………Respondents Judgment July 8, 1998. Case Referred To- ......% for the 1st , 10% for the 2nd year and 3rd year or any part thereof and 5% for the 4th and 5th year or any part thereof respectively. 3. The petitioner submitted 4 Bills of Entry and other documents on 23-6-98 for assessment of duties and taxes for release of the vehicles. But the respond..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....hief or else it would frustrate the legislative intendment”. Learned Deputy Attorney-General also refers to the decision in the Case of Dr Mohiuddin Faruque Vs. Bangladesh reported in 49 DLR (AD)1 (relevant page-9) wherefrom he points out the observation of the Court on the point of interest and s......r for Taka 500.00 which was accordingly paid by the concerned office. 8. The voucher is Annexure 1 ‘A’ paper relating to deputation of two Magistrates 1st Class at the time of eviction and papers about delivery of possession after eviction are filed as Annexure 1 and 2. 9. Responde......ported in: 53 DLR (2001) 63. ......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ....... 07/99. He further submits that, in the aforesaid decision of the High Court Division the illness, of the accused-petitioner was also considered, with reference to the medical certificates and other papers indicating ‘a number of ailments’ the accused-petitioner (in that Case; prayer for three ...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
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