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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....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. ......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. ......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. ......e, they come within the category of 'policy holders'. Section 46 of the Act of 1938 states that the holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right notwithstanding anything to the co..

Category: Business or Commercial Law | Date: | Hits: 212

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......rul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mominul Islam...................................................Petitioner. Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Agriculture, Bangladesh Secretariat, Ramna, Dha..

Category: Administrative Law | Date: | Hits: 192

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD) 210. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. SM Aminul Haque, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 703 of 1998. Judgment Md. Anwarul Haque J.-......ehended the accused person and took him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station where the case was recorded punishable under section 302 of the Penal Code and handed...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..

Category: Criminal Law | Date: | Hits: 30

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....is the Chairman of Bakshimul Union parishad and he knew Halim Shaheb, Chairman of Rajapura Union Parisad. He also stated that about 8‑00 PM on 10‑3‑96 Halim Chairman was murdered. 21. PW 16, Inspector Md. Rezaul Karim, is the investigating officer in this case. This witness has stated that ......s. State 44 DLR (AD) 60; Safdar Ali 5 DLR (FC) 64. Muslimuddin & others vs. State 38 DLR (AD) 311; State vs. Lalu Mia and others 39 DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar......used Nabalak Mia instigated said Abu] Kashem and Anowar Hossain Pintu and other accused persons to murder Chairman Abdul Halim. On the basis of the said ejahar PW 16, Officer-in­-Charge of Burichang Police Station, Md. Rezaul Karim, recorded the FIR and started Burichang PS Case No. 6 dated 10‑3â......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....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.......€¦â€¦.Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Gias Uddin (Mithu), Assistant Attorney-General-For the State (In all the cases). ...... Dead body of Rokeya Begurn with injuries on left ear, left mendibular region, right eye, neck and right thumb was found on a land by side of east bank of Sarwatali canal under Ashashida Mouza within Police Station Senbag. 2. Autopsy on dead body of deceased Rokeya Begum was performed by Dr ABM A......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.......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.......ial Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment Ap..

Category: Employment/Service Law | Date: | Hits: 77

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......b with Kamal Ziaul Islam, Advocates-For the Petitioner (In Writ Petition Nos. 4607 & 4608 of 2003). Raisudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Attorney-Gene....../১-১/৯৯-১৫৮ dated 31‑8‑2002 issued purportedly under the signature of the Senior Assistant Secretary, Ministry of Post and Telecommunication directing the Officer-in-charge, Tejgaon Police Station to take possession of three or more equipments namely, Satellite News Gathering (SNG)......upreme 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 ............................Respondents Judgment August 20, 2003. Ca..

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. ...... 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. ...... any error in rejecting such belated objection. 11. In support of his case, he cited the University of Dhaka and others vs. Associated Engineers and Drillers 4 MLR (AD) 427, MOL Enterprise Inc vs. Bangladesh 4 BLC 407 and Bholanath Mullick vs. Mahadev Mullick 56 CWN 223. 12. Only issue facing ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......" land. 4. The plaintiff then, on 20‑8-2001 made and moved an application under Order XXXIX rule 2(3) of the Code for taking action against the defendants and the Officer‑in‑charge, Hotapara Police Post for violation of the order of injunction dated 8‑8‑2001. In the application, it is s......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..

Category: Property Law | Date: | Hits: 26

Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)

....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......said Bank. It appears that on 18-­1‑2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank, filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the years 1998 and 1999, being Company Matter No.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......m of Association and Articles of Association. It is further contended that the Managing Director is the Chief Executive of the Bank who is appointed by the Board of Directors with the approval of the Bangladesh Bank and the Managing Director is also ex-officio Director of the Bank and he does not ha..

Category: Banking Law | Date: | Hits: 158

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.......€¦.………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellants. Md. Rabiul Karim, Assistant Attorney General with Snigdha Huq, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 2628......im earlier and immediately he was taken to Medical College Hospital, Mymensingh, where he succumbed to his injuries on 16‑2‑1994. Accordingly, the aforesaid police station case was started. 3. Police took up investigation (inquest report of the dead body of the deceased was prepared by a poli...... 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...

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.......ate vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accused -Appellant. ABM Waliur Rahman Khan, Assistant Attorney­ General-For the Respondent-State. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ame......No.16 of 1992 so lodged by brother of the deceased over which post‑mortem examination was held after preparation of inquest report. Accordingly, the aforesaid police station case was started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate ind...... 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...

Category: Criminal Law | Date: | Hits: 88

Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)

....A of the Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. 2. That case was initiated on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of ......g two grounds: Firstly, the reporting police officer did not obtain prior approval of his higher authority as required by section 7(3) of the Environment Courts Act, 2000, even though the Director General, Department of Environment (DG, DoE) has designated the Assistant Commissioner of Police for...... of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. 2. That case was initiated on the basis of a report of a Sub-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and s......-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and selling banned polythene shopping bags, violated the provisions of section 6 Ka of the Bangladesh Environment Conservation Act, 1995 (বাংলাদেশ পরিবেশ সংর..

Category: Environmental Law | Date: | Hits: 414

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and here in Bangladesh. The High Courts in such countries were empowered to exercise the discretion of revision ..

Category: Civil Law | Date: | Hits: 100

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470....... several reported decisions of this Court cited in the case, which are binding on the Court below, including the High Court Division, under Article 111 of the Constitution of the People's Republic of Bangladesh, which the High Court Division ignored with an observation that "the decisions cited from..

Category: Employment/Service Law | Date: | Hits: 95

Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)

....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of the Governing Body of PROSHIKA and forming a five member Managing Committee and calling a General Meeting on 9th June, 2009 are illegal, void and collusive, and for permanent injunction. ......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...

Category: Civil Law | Date: | Hits: 75

Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)

....failed to satisfy us under which provision of law the respondent is claiming to be in active service. The learned Counsel, however, contended that since the respondent served in the department as Sub-Inspector of Food at different stations from 5th December, 1956 to 18th October, 1971, a direction m..........Appellants Vs. A.B.M. Siddique Mia…………………………………………….........Respondent Judgment May 5, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General (with A.S.M. Nazmul Haque, Assistant Attorney- General), instructed by B. Hossain, Advocate-......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......(2012) 201. ..

Category: Administrative Law | Date: | Hits: 229

Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)

....tly, the case has been renumbered as Jananirapatta case No. 39 of 2001 on transfer to Jananirapatta Bigna Shrishtikari Aparad Daman Tribunal No. 2 Dhaka. 2. Prosecution case, in short, is that Sub-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Stat......lant Vs. State ……….Respondent Judgment February 28, 2001. Lawyers Involved: Golam Md. Chowdhury, Advocate—For the Appellant. Khondker Mehbub Alam, Assistant Attorney-General –For State. Criminal Appeal No. 2634 of 2000. Judgment AK Badrul Huq J. -This app......anirapatta Bigna Shrishtikari Aparad Daman Tribunal No. 2 Dhaka. 2. Prosecution case, in short, is that Sub-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 2...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...

Category: Criminal Law | Date: | Hits: 34

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... a further period of 6 months are affirmed. 28. Send a copy of this judgment to the Hon’ble Minister, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind p..

Category: Criminal Law | Date: | Hits: 97

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...

Category: Trust/Waqf Law | Date: | Hits: 187