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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. ......ocedure Code for the prosecution to open the case by stating evidence and thereafter, fix another date for hearing under section 265C of the Criminal Procedure Code. 5. The appellant sought leave to appeal and the leave was granted by order dated 2‑5‑2000 on the terms thatR..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....isonment for life" but even then proviso to sub‑section (1) of section 497 makes an exception that bail in the later case could be allowed on the ground of tenderness of age, womanhood, sickness or infirmity. 11. Thus under section 497 of the Code of Criminal Procedure the Cou......;                           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 alm..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   Judgment                   Md. Fazlul Karim J.- The plaintiff seeks leave to appeal against the impugned judgment and order passed by the High Court Division in First M..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ...... in Civil Revision No. 4925 of 2000). Judgement                 KM Hasan J.- The petitioner seeks leave to appeal against the judgement and order dated 4‑3­2002 passed by a Division Benc..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... (From the Judgment and Order dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgment  Md. Ruhul Amin J.- This appeal by the plaintiff by leave is against the judgment and order dated July 23, 1999 of a Single Bench of the High Court Divi..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

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.  ...... of 1996).   Judgment                   Mohammad Fazlul Karim J.- These two appeals by leave arose out of the selfsame arbitration proceeding, one at the instance of Janab Md. Asalat Zama..

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. ......p;                     Md. Ruhul Amin J: Delay of 7 days is condoned.  2. This petition for leave to appeal is directed against the judgment and order dated March 13, 2002 of a Division Bench ..

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. ......e same is illegal……………………….(5)    Lawyers Involved:  Sk Awsaful Rahman, Advocate (appeared with the leave of the Court) instructed by Md, Ataur Rahman Khan, Advocate‑on‑Record‑For th..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

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: ...... Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgment Md. Fazlul Karim J.- This appeal by leave arises out of judgment and order of the learned Company Judge dated 10‑12‑1989 in Matter N..

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. ......e Tribunal in Appeal No. 46 of 1999). Judgment               Md. Fazlul Karim J.- This appeal by leave granted by this Court is to consider the following grounds; (i) that by a petition dated 5R..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......2 of 1998.) Judgment                 Md. Ruhul Amin J.- The delay of 21 days is condoned. This petition for leave to appeal is directed against the judgment and order of July 13 of 1999 passed by a Division B..

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. ......the basis of the changed report, were also malafide.  12. Against the judgment of the High Court Division both the petitioners and the respondents moved before this Division petitions for leave to appeal, which were dismissed by the aforesaid Judgment. Against which all of them have come..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ...... No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Judgment KM Hasan J.- This appeal by special leave is directed against the judgment and order dated 3.8.1993 of the High Court Division passed i..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

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. ...... (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 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 st..

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.......rt of Subordinate Judge, Dhaka. 6. The plaintiff petitioner being dissatisfied with the judgment and decree of the High Court Division moved the Appellate Division by fil­ing petition for leave to appeal and obtained leave to appeal and thereupon Civil Appeal No. 185 of 2000 was regist..

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. ...... in Writ Petition No. 2798 of 1998).  Judgment                 Md. Fazlul Karim, J.- The petitioners seek leave to appeal against the impugned judgment and order of the High Court Division discharging the R..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ......dvocate‑on‑ Record‑ For the Petitioner.  Not represented‑ the Respondents.  Judgement  Md. Fazlul Karim J.- The petitioner, a persistent litigant moved this Court for leave to appeal against the impugned judgment of the High Court Division summarily rejecting the wri..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......pondent No.1. Not Represented‑Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This petition for leave to appeal is against the judgment and order of July 10, 2001 of a Single Bench of the High C..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

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. ......tition Nos. 4188 of 1999 and 181 of 2000). Judgment                  Abu Sayeed Ahammed J.- Both these leave petitions have arisen out of the same impugned judgment and order dated 10‑8‑2000..

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. ...... discretion of the Court but under section 250 of the Act, when a winding up order has been made, no suit or other legal proceedings shall be proceeded with or commenced against the company except by leave of the Court. 17. As such, the submissions made on behalf of the respondents that since the..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226