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Hossain Shially (Fakir) 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) 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. ......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge...... 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)

....o 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: ...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......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)

....o the judicial pronouncements, included Art. 31 as a fundamental right, violation of which will entail the mischief of Art. 26 of the Constitu­tion. It is the fundamental right of all citizens of Bangladesh and all persons residing in Bangladesh to be dealt with only in accor­dance with law.......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. ......……………………………………………………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. ..

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

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

....n:  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. ......ivision (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. Result: The petitions......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

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....nnual General Meetings of United Commercial Bank Limited ("UCBL") for the calendar year 1998, 1999 and 2000 under the chairmanship of Mr. KZ Alam, Senior Advocate of the Supreme Court of Bangladesh.  2. The facts leading to the filing of this application are that, the share......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......rim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   Judgment April 22......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

....ations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Order No. 248 of 2003. Judgment ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

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

....m and ors.... …….Respondents   Judgment   March 24, 2003.   The Constitution of Bangladesh 1972, Article 102   Bangladesh Agricultural Development Corporation, ......ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ...... Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J    Motiur Rahman and others..............Appellants   Vs.   C...... Rule by filing separate affidavits‑in‑opposition and claiming that the writ petitioner‑respondent was not eligible for promotion as Superintending Engineer as he did not hold a BSc Engineering degree as required under the Service Regulations of the BADC, 1990. ..

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

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....espondent No. 2 had pledged the said 22,000 shares to IFIC Bank Ltd. Motijheel Branch, Dhaka, as part of the security for a bank guarantee provided by IFIC Bank Ltd for Taka 25 lac favouring Biman Bangladesh Airlines. Respondent No. 2 wrote on 31‑12‑1993 to IFIC Bank Limited informin......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   Judgment May 28, 2003. T......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....nner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......n (Civil)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....dassir Husain J   AS Ahammed J   Syeda Mazeda Khatun.......Petitioner          Vs.   Bangladesh Shilpa Rin Sangstha ...........Respondents   Judgment   ......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ...... Judgment   March 17, 2003.   Waiver, Estoppel     The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ents of the company matter be purchased by the present respondents or be sold in the open market at the price fixed by the court and the company matter; respondent No. 7, Investment Corporation of Bangladesh provide certified copies of the certificate of Incorporation of the Memorandum and 'Arti......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Nahar Shipping Lines Ltd. and another .............Petitioners         &nbs......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

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

....il) 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   Judgment &n......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. ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner 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......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

Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)

....e Rule absolute.  2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ......ismissed.  Ed. ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ..

Category: Others | Date: 5 Mar, 2003 | Hits: 114

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

..... ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ...... Court Appellate Division (Civil) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Ju......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Mohammad Fazlul Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 20......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....   (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge an...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ......   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge and Additional Artha Rin Adalat & others...Respondents   Judgment &nb......k Ltd. AIR 1963 Cal 132; SL Ramaswamy Chetty and another vs. MSAPL Palaniappa Chettiar AIR 1930 Madras 364; Pubali Bank Ltd. vs. Sultana Oil Mills and Soap Factory and others 51 DLR 323; Bengal Metro Engineering Co. and others vs. Agrani Bank 46 DLR 68.   Lawyers Involved: ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....office is made undesirable from the administrative point of view.   Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260.   ......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ...... Md. Fazlul Haque J    Abdur Rashid (Md) ...............Petitioner   Vs.   Local Government Rural Development and Co­operatives, Local Government Division and others..........Respondents  ......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....lul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value A......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ...... SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value Added Tax Ac......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....  (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......  Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   Md. Afzal Hossain ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

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

....ip;……..Respondents   Judgment   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in foreign country eit......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......Husain J   AS Ahammed J   Humayun M Vohra .........Petitioner   Vs.   ESPN Star Sports and others……………..Respondents   Judgment......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

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