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ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ......evisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... High Court Division (Civil Revisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 2..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......ion of summons in the national dailies the suit was decreed ex parte against the petitioner and the other defendants. Upon publication of the summons in the newspaper the defendant No.4 Mst. Golbahar Begum wife of Haji Saru Miah Sowdagar appeared in the suit on 27‑9‑01 and prayed for time for fi...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ......57 DLR (2005) 138. ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

....ed in view of an illicit relationship between husband Md. Delwar Hossain, Faraji with wife of one Mostafa. The discord was endeavored to be settled down through mediation of the mother of Hasi Begum, Monowara Begum (P.W.2). On the incident night husband Md. Delwar Hossain Faraji killed was Hasi Begu......ict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain Faraji. Callous and r......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents  Judgment May 8, 2004. ......udassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents  Judgment May 8..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......ts. Ed. ......l Amin J          M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other.............Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and others……………...............Respondents (In C.A.No.85 of 1999) Judgment April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal a..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......s. Dhandasi Sahu, AIR 1989 SC 1791; Dhandasi Sahu Vs. State of Orissa, AIR 1987 Orissa 275; IBAD and Co. Vs. Provice of Sind, PLD 1980 Karachi 207; KM Shafi Limited Vs. Bangladesh, 1983 BCR (AD) 152; Begum Khadija Akter Banu and another Vs. AKM Amanullah and another, 1985 BCR (AD) 8; Associated Engi......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b......rt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Executive Engineer, LGED, Rangpur................Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment A..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......intiff of oral contract is false and fabricated. It is further stated that said suit-holding actually belonged to 3 sisters, namely, opposite party No.1 Sahera Khatun, and opposite party No.2 Morjina Begum and one Nazma Begum. Said three sisters, in fact, entered into a agreement with said third par......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T......05) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ....... 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place on 24‑5‑97 at about 1.00/1.30 PM under Raipur Police Station. Shafali Begum, since deceased, has been given in marriage about 14/15 months prior to the date of occurrence...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc......4) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......hatun................................Condemned Prisoner Judgment            February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......5; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan Vs. A.H. Bhuiyan, 15 BLD (AD) 237; Haider Unnessa and another Vs. Monwara Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and......7) 69. ......ted in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......sult: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh ......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna......o Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......harging the accused order of the High Court Division to the contrary is not sustainable in law. ………………….(24, 26, 27). Cases Referred to- GL Gupta vs. DN Mehta AIR 1971 SC 2162; Begum Motia Akhtar Khanam vs. Shawrat Ara and others, 42 DLR (AD) 26, State vs. Khondker Mohammed Mo......ly allowed. Ed. This Case is also Reported in: ......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......l proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a paradigm how father and mother betrayed the cause of their own daughter, the victim of crime Rehana Begum, on burying the factuality into deep debris before a Court of law in a dehumanising and revolt.................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......struction or otherwise between the date of issuance of the show cause notice and the date of cancellation of the lease, that the High Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is no......ts in two appeals. Ed. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....is Mahiuddin. He heard about the occurrence and he is a seizure list witness. hi his presence two pieces of wearing apparel of the victim were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib p......din. He heard about the occurrence and he is a seizure list witness. hi his presence two pieces of wearing apparel of the victim were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib prayer Par......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Jud......(Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 20..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ...... down in Order XXI, rule 90 CPC in setting aside the auction sale. Cases Referred to- Antibiotic Stores and others Vs. Subordinate Judge, Artha Rin Adalat and others, 55 DLR (AD) 13; Hazera Begum Vs. Artha Rin Adalat, 54 DLR 78; Sultana Jute Mills Limited Vs. Agrani Bank, 46 DLR (AD) 174; ...... Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………......cial Original Jurisdiction) Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another……&h..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......of default on the part of the tenant will be not only the date of filing of the suit but will continue till decree is passed.' 9. He has also referred to the case of Nowab Meah Vs. Nur Nahar Begum reported in 1984 BLD (AD) 74, the case of Profulla Kumar Chakraborty Vs. Anil Proshad Choudhur......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......vil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………&..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......ted in: 55 DLR (AD) (2003) 102. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is......etition here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Re..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......Reported in:  ......e Division  (Civil) Present:  Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Appellant (In Civil Appeal No.439 of 2001) Vs. Hazera Khatun being dead her heirs: Md. Aminul Haque and oth­ers............Respondents (I..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....the 1st floor of 227 Alambagh of New Jurain under Shampur Police Station. The sons of the 1st wife of Mr. Alam had been passing their days by independent business and Mr. Alam appointed 1) Farida, 2) Monowara, 3) Kamola, 4) Sakhina, 5) Rahima as maid‑servants and they all lived with him in the......ssain Chowdhury also recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and arrested some accused persons including Md Sohel, Sohag Bepari, Kabir and Jahanara Begum who made confessional statements which were duly recorded under section 164 of the Code of Cri......sp; Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-­2003 passed by a Division Bench of the High Court Division in Crimina...... KM Hasan J Md. Fazlul Haque J  State ............. Petitioner                   Vs. Md Motiur Rahman & another..................... Respondent   Judgment ..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74