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Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......rge the accused under section 265C or to frame charge against the accused under section 265D or to record the plea of guilt by the accused under section 265E. But a separate session in the court's proceeding starts from section 265F of the Criminal Procedure Code. Therefore, the High Court Divis..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......sp; Mohammad Fazlul Karim J.- This appeal by leave is to consider as to whether the appellant could be enlarged on bail being in custody for almost six years without any trial as the further proceeding of the case has been stayed by the High Court Division in Criminal Revision No. 123 of 2..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ondent No. 1 is the son of Roy Mohan and the appellants who are defendant Nos. 12 and 13 are the sons of Hari Mohan and the defendant No. 11 who was the wife of Mohan, died during the pendency of the proceeding at the lower appellate stage, leaving the present appellants as her heirs. &..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... Mohammad Fazlul Karim J.- These two appeals by leave arose out of the selfsame arbitration proceeding, one at the instance of Janab Md. Asalat Zaman, the Contractor (in Civil Appeal No. 97 of..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ision has also held that the impugned notice i.e. notice issued under section 3 of the Ordinance was issued unauthorisedly, without jurisdiction and for a purpose other than for which the acquisition proceeding has been started. 9. Mr. A. F. Hasan Ariff, the learned Attorney General submits t..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... the officers and employees of the said Board. Annexure 3 shows that the said Committee after holding enquiry submitted report on 9‑10‑1995. But, apart from this enquiry report no enquiry proceeding could be placed before the Court by the respondents showing that on the basis of the..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......n‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding the suit." 11. On a close reading of the said provision it clearly shows that i..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,000 (Taka five lac) only in favour of respondent No.1 giving out that there was an arbitration proceeding between the company and the Power Development Board in pursuance of which he expected to ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......ons connected in the matter, examined the relevant records and after observing all necessary formalities submitted report to the effect that the respondent was guilty of misconduct and a departmental proceeding was started. 3. The respondent filed the case before the Administrati..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....Division in Criminal Miscellaneous Case No. 7342 of 1998 discharging the Rule. 2. The Rule, upon an application under section 561A of the Code of Criminal Procedure, was obtained seeking quashing of the proceeding of Petition Case No. 3965 of 1998 of the Court of Chief Metropolitan Magi......inal Miscellaneous Case No. 7342 of 1998 discharging the Rule. 2. The Rule, upon an application under section 561A of the Code of Criminal Procedure, was obtained seeking quashing of the proceeding of Petition Case No. 3965 of 1998 of the Court of Chief Metropolitan Magistrate, Dhaka. T..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......ch this court will approach with much circumspection. It shall have to appreciate that the different participants involved in a proceeding for judicial review may well attach importance to different aspects to suit their interes..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......2002) Judgment Mohammad Fazlul Karim J.- The plaintiff-petitioner seeks leave to appeal against the impugned judgment of the High Court Division making the Rule absolute staying all further proceeding of Money Suit No. 31 of 2001 pending in the 5th Court of Subordinate Judge (now Joint Dis..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......rded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award. 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail since in the judg..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......ave to appeal against the impugned judgment and order of the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the execution proceedings. 2. The petitioners filed the application under Article 102 of the Constitu..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......luded speedily. This will bring about a situation, which could not have been the intention of the lawmakers. We are therefore, clearly of the view that section 339C of the Code is applicable to the proceeding as to trial of the appellant under the Act." We have already noticed that section 29 of..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ...... the promotional committee took steps for promotion of them for the public interest as there was dearth of efficient staff to manage the expanded directorate after liberation of Bangladesh. But the proceeding against the petitioners was not stopped and the authority was not satisfied. Finally, th..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... by the petitioner himself, he could not prepare the affidavit-in-opposition properly giving the correct facts and figures. Besides, he submits that the claim of the petitioner from which the instant proceeding arises is, as a matter of fact, the price of the machineries sold by the petitioner to th..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......vision of the Constitution. 47. Mr. Justice Latifur Rahman has expressed that a person in approaching the court for redress of a public wrong or public injury has sufficient interest in the proceeding if he acts bonafide. 48. What is meant by sufficient interest is basically a ques..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......hat the High Court Division has not considered this aspect of the matter. That Division was bound to come to a finding as to the age when she is not an accused which will determine the fate of the proceeding before that Division. But simply holding that petition under section 491 of the Code of ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74