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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. ......ions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Zahid Hos...... 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. ......��………….Appellants Vs. State………………….……………….Respondent Judgment July 17, 2002. Case Referred To- Osman Gani and others Vs. State, 54 DLR (AD) 34. Lawyers Involved: Not represented ‑ For the Appellants. Md. Iqbal Kabir and Md. Alamgir Kabi..

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.......respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The de......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....... Ali and Co. and another…………Respondents Judgment August 21, 2000. Case Referred To- Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others, 46 DLR (AD) 174. Lawyers Involved: Moniruzzaman Khan, Advocate‑ For the Appellant. Syed Dastagir Hussain, Adv..

Category: Civil Law | Date: | Hits: 101

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs inst......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......ies Judgment January 6, 2003. Cases Referred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved: N H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh..

Category: Property Law | Date: | Hits: 31

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

.... 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.......GR 63/89 under sections 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shahjahan, another son of PW 1 informant Moslem, reported ...... 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....... DLR 244; State Vs. Fazu Kari @ Fazlur Rahman, 29 DLR (SC) 271; Monwar Ahamed Vs. State, 8 DLR (SC) 157; Abdur Razzaque and another Vs. State, 28 DLR (AD) 35; State Vs. Lalu Miah, 39 DLR (AD) 117. Lawyers Involved: Abdul Barek Chowdhury with Md Ruhul Amin, Advocates‑ For the Appellants. A..

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ir Hossain Munshi......................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 (M......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......Vs. Habibur Rahman and others, 1995 BLD 124; Abdur Rahman Vs. Bangladesh, 48 DLR 431; Farzana Vs. Securities and Exchange Commission, 54 DLR 66; Manjurul Huq Vs. Bangladesh and others, 44 DLR 239. Lawyers Involved: Zakir Hossain Munshi with Md. Shamsul Huq, Advocates‑ For the Petitioner. ..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the resp......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......afizur Rahman and others, 44 DLR (AD)162; Mohammad Kalimuddin Vs. Mohammad Dukhi Mondal and others, 11 MLR (AD) 151; Nani Bai Vs. Gita Bai, AIR 1958 SC 70; Gopal Das Vs. Thakurnji, AIR 1943 PC 83. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khelquzzaman, Advoca..

Category: Property Law | Date: | Hits: 36

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. ...... of 2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the inter......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. ......rnaphuli Cotton Mills Limited and another...................Respondents (In Civil Appeal Nos. 64 & 65 of 2002). Judgment May 11, 2010. Case Referred To- Evans Vs. Hooper, 1 QBD 45. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Taufique Hossain, Advocate-on..

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.......gust 1, 2010. Lawyers Involved: Alhaj Gias Uddin Ahmed, Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the......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.......nt of the People's Republic of Bangladesh represented by the Secretary, Ministry of Agriculture, Bangladesh Secretariat, Ramna, Dhaka....................Respondent. Judgment August 1, 2010. Lawyers Involved: Alhaj Gias Uddin Ahmed, Advocate, instructed by Md. Taherul Islam, Advocate-on-..

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

.... 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. ......he 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 above noted SCC Suit again...... 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. ...... 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 the Petitioner. AA Chowdhury Advocate-For the Op..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....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. ......d order dated 26‑10‑1997 passed by the learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996. 2. The petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preempt the case land. 3. The pre......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. ...... Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali and others, 46 DLR (AD) 187; Jitendra Noth Howlader vs. Bisheshwar Howlader, 42 DLR 253; Jafar Ali vs. Hushier Ali and others, 46 DLR (AD) 187. Lawyers Involved Md. Nawab Ali with Md. Habibur Rahman and Kazi Sadrul Hoque, Advocates-For the P..

Category: Property Law | Date: | Hits: 39

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. ......38 of 1995 where the learned Sessions Judge has found the accused appellant guilty of the offence punishable under section 304(1) of the Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 in default, to suffer RI for 6(six) months more. 2....... 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. ......To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others 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, Assista..

Category: Criminal Law | Date: | Hits: 30

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......and others…………………….Respondents Judgment August 13, 2002 Cases Referred To- Altaf Hossain vs Abbas Ali and another 45 DLR 374; Asker Ali vs Shamsul Alam 4 MLR (AD) 190. Lawyers Involved: AFMA Rahman, Advocate-For the Petitioner. Khan Saifur Rahman, Senior Advocat..

Category: Procedural Law | Date: | Hits: 65

Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)

.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... 2000 filed by the appellant opposing the Trade Mark Application No.58082 dated 26‑11‑98 in class 30. 2. The respondent No. 1 filed Trade Mark Application No. 58082 on 26‑11‑98 in class 30 for registering the mark 'Banoful Toast' and after advertisement of the mark in the trade marks jour...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... 2002. Cases Referred To- Crescent Pakistan Soap vs. Deputy Registrar of Trade Marks, 17 DLR (SC) 163; Sanatannessa Bewa vs. Haipatullah Sarker and others, 1989 BLD (AD) 1 = 41 DLR (AD) 105. Lawyers Involved: Dr. M Zahir with Syed Mahmudul Ahsan and Mohammad Salauddin, Advocates-For the ..

Category: Intellectual Property Law | Date: | Hits: 181

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

....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.......DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul Bashar, Advocate-State defence lawyer for the condemned prisoner. AKM Fakhrul Islam-For the appellant in Criminal Appeal. Death Ref......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........ State, 45 DLR (AD) 140; Abdud Mannan and others vs. 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-Gene..

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.......ht 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 Abdul Motaleb (PW 11). PW I I found following injuries. 1. One lacerated injury ......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........Petitioner Vs. Mir Hossain alias Mira and others……….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), Assi..

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....... the Diploma Engineering in Civil in 1979 and then joined in the service of Bangladesh Water Development Board, hereinafter to be referred to as BWDB as Sub‑Assistant Engineer in 1980 and he was performing his duties to the satisfaction of all concerned. The petitioner by transfer order dated 29�......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.......……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment April 15, 2003. Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari w..

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.......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi......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............ Petitioners Vs. Bangladesh and others ............................Respondents Judgment August 20, 2003. Cases Referred To- Suresh vs. Vasanta and others, AIR 1972 0f 1680. Lawyers Involved: Dr. Kamal Hossain with Abdul Matin Khasru, Tanjib-ul-Alam and Md. Mozammel Haqu..

Category: Information Technology Law | Date: | Hits: 230

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. ......section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title ......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. ......d others, 22 DLR 827; Amulya Kumar Samaddar and another vs. Armada Charan Dab and others, 37 CVVN 143; Mahmud Ibne Abbas vs. Begum Momtaz Hossain and another, 45 DLR 421 & AIR 1989 Orissa 214. Lawyers Involved: Ajmalul Hossain with Amirul Islam Mandal, Advocates-For the Petitioners. Moh..

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....... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the......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.......slam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Involved: Rafique‑ul‑Huq with M A Samad, Senior Advocates and MGH Ruhullah, Ahsanul K..

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....... Case No. 208 of 1995 arising, out of GR No. 43(2)95 corresponding to Kotwali PS Case 30(1)95, convicting them (appellants) under sections 302/34 of the Penal Code and sentencing them to imprisonment for life and also to pay a fine of Taka 5,000, in default to suffer rigorous imprisonment for one mo...... 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.......esent: Md. Hasan Ameen J Tariq‑ul‑Hakim J Jalal Uddin and others……….Appellants Vs. State ………………………….………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellant..

Category: Criminal Law | Date: | Hits: 28

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