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Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....bsp;   Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ......(Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ......ticipated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper.   Lawyers Involved:   Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record For‑......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....se, granting largesse, selling or leasing out its property, giving jobs, entering into contract, to obtain best available price for the public properties, ensuring fairness in the activities of the State and to ensure transparency in the exercise of the State power, are now established principles...... Appellate Division (Civil) Present:  Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J  Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

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. ......vil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………&....... 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. ....... 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. ..

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

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....er of their superior. 4. Nothing can be more precious to a human being than his liberty. But alas! Everywhere we find men in chains though they were born free learned Hand, a judge of the United States of America said, "Liberty is so much latitude as the powerful choose to accord to the we......ision (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Res......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……………………&h......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....37. ......2004) 637. ...... 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) 637. ...... 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) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....perty' necessarily implies a meaning that if the residence of the owner of a property staying outside Bangladesh is, in the opinion of the Government, for a purpose prejudicial to the interest of the State but in the absence of any formation of any opinion as to any prejudicial activities indulged b......ted in: ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....337; MACFOY Vs. UNITED AFRICA CO. LTD, (1962) A.C., 152 at 160; Ridge Vs. Baldwin, (1964) AC 40; Anisminic Limited Vs. Foreign Compensation Tribunal, (1969) 2 AC 147; Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 ......……………………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………&helli......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ...... in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....and others .....................Petitioner                        Vs. State ……………………………&helli......an (Driver) and others .....................Petitioner                        Vs. State …………………………&h...... 1993. The learned Additional Sessions Judge convicted accused Mojibor Rahman alias Lala Talukder, Kalu Kar, Zahed Ali Foreman (Driver), Harun, Tarun, Shahid Hawlader, Shamim Bepari, Hanif Sarder, Md Abdus Sattar Talukder, Rafique Khalifa alias Rafique Faraji and Kabir Sarder under sections 302/34 a......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

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:  ...... 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...... 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:  ...... 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:  ..

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

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

....by set aside. Ed. ...... KM Hasan J Md. Fazlul Haque J  State ............. Petitioner                   Vs. Md Motiur Rahman & another..................... Respondent   Judgment ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..

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

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....  Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents   Judgment May 5, 2003. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Sections 96(4) & 6(b)  ......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J  Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents   Judgment ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corpora­tion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)

....(Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Mashuque Hosain Ahmed J Nurul Huq (Md.)......................................................Appellant Vs. State....................................................................Respondent Judgment ......ion (Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Mashuque Hosain Ahmed J Nurul Huq (Md.)......................................................Appellant Vs. State....................................................................Respondent Ju......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588......., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...

Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

..... ...... ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ......   KM Hasan J   Md. Fazlul Haque J    Motiur Rahman and others..............Appellants   Vs.   Chowdhury Md Mahfuzul Islam and ors.... …….Respon......bsp; Amir‑ul Islam, Senior Advocate, (Tania Amir Advocate with him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant.   Abdus Sobhan, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For......ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....Criminal)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Mobarak Hossain alias Mobarak ....................Petitioner Vs. State ……………………………Respon......on (Criminal)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Mobarak Hossain alias Mobarak ....................Petitioner Vs. State …………………………&he......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Moinul Haque (Md) and another........Petitioner Vs. State ................................. Respondent   Judgment ......resent: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Moinul Haque (Md) and another........Petitioner Vs. State ................................. Respondent   ......dhury J.- Criminal Petition for Leave to Appeal No. 162 of 2001 preferred by condemned prisoner Md. Moinul Haque while Petition No. 171 of 2001 is at the instance of other condemned petitioner Md. Abdus Sattar. Both the petitions are against the judgment and order dated 27‑5‑2001 and...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....r of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR 1982 Cal 92. Lawyers Involved: Abdul Wadu......late Division (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J  Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent  ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)

....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Salema Khatun……………………Petitioner Vs. Matiur Rahman……………………Opposite party......t and decree dated 29.1.2001 the trial Court decreed the plaintiff's suit. 5. Being aggrieved there by the defendant as petitioner moved this Court and obtained the present rule. 6. Mr. Abdus Salam Khan, the learned Advocate for the petitioner does not appear to support the rule. Mr. M......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..

Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61