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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. ......on the spot. The informant and others also sustained bullet injuries. This appellant and others were recognized at the time of occurrence. Ultimately charge sheet was submitted against the accused persons including this appellant Captain (Retd) Nurul Huda. It is the case of the appellant that he..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. ......comprised therein, under a deed executed by another member; this may conceivably involve an enquiry into questions of fact and law not easy to solve if they contend that the properties belong to them personally, the matter must be investigated and decided." 16. Mr ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
DC of Dhaka & ors Vs. Aziz CoÂoperative 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. ...... started. 9. Mr. A. F. Hasan Ariff, the learned Attorney General submits that High Court Division was in error in observing that the notice under section 3 of the Ordinance was not issued by a person competent to issue such notice as the person under whose signature notice under section 3 of ..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. ......of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural justice shall be applied unless it is ..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. ......te husband. In the plaint of the present suit the appellant has prayed for the declaration of her legal character and status as to the sole heir to the Estate left by her late husband who is the same person. If she obtains the declaration her right to the property in question would be established wh..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: ......stamp. On perusal of the same it appears that the "Subject Transfer of shares" and in fifth line the words "as full and final settlement of our claims against surrender of our shares to our nominated persons" were typed by different machine or at least not simultaneous with other writings therein. T..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
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. ......itioner appeared before the Court of Chief Metropolitan Magistrate and obtained bail. 5. It was contended before the High Court Division that petition of complaint having been filed by a person (attorney) other than the payee as such cognisance taken by the learned Chief Metropolitan Ma..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
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. ......ions of section 10 of the Arbitration Act, 2001. Section 10 of the Arbitration Act reads as under: "10. Arbitrability of the dispute.— (1) Where any party to an arbitration agreement or any person claiming under him commences legal proceedings against any other party agreement or any perso..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 petiÂtion 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.......of course, be extended by court but such extension will not necessarily empower the Arbitrator to allow interest for a period beyond four months, unless the Arbitrator finds that the debtor or the person from whom money is due, has deliberately proÂlonged the arbitrating proceeding. In other wo..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Abdus Sobhan Biswas Vs. State, 2002, 31 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: 54 DLR (2002) 556. ......e accused to the victim is not substantiated by any evidence. It is therefore difficult to believe such a story in the absence of at least a receipt for the said part payment and/or evidence of those persons who witnessed the transaction. 21. The medical examination of the victim made on 11-12-19..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
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. ......8 years being a Secondary School Certificate (SSC) Examine was taking preparation for the SSC Examinations on 4‑1‑1995 at 19.30 PM and he was offering Esha prayer at that time when the accused persons including the accused appellants armed with cut rifles and kirich forcibly entered into his..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ation between them whereupon Kalu Sk went back home and returned with the appellants and others. They forcibly took Shaymol to a nearby field and beat him with lathis causing bleeding injuries on his person. On hearing the hue and cry of Shayamol Kanti the informant and witnesses Shashi Bhushan Majh..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......ot maintainable in the eye of law, though section 491 of the Code of Criminal Procedure comes under the revisional jurisdiction of this Court but it is semi-constitutional in nature and the person not being aggrieved, cannot prefer such application, challenging the detention order of third..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
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. ......O. 5. The respondent No. 2, Director, Military Lands and Cantonment, Dhaka Cantonment reported on the basis of the said letter on 27‑2‑98 stating, inter alia, that the persons responsible for promoting the petitioners and others to the post of SDO were not available ..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. ......t and the machineries in workable condition. He, however, very strenuously argues that although the company in the normal procedure of running its business took loan from the bank and other different persons including the petitioner but the company is a going concern and the question of losing its s..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......ictim for settlement of the aforesaid dispute through Salish. Accordingly, it was decided that a salish would be held on 21‑5-Â1999 at 5‑00 PM in the house of the informant's father. The accused persons including the accused appellant came to the house of the informant’s father on the said da..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......perusal of the impugned judgment it appears that the High Court Division considered the notices and arrived at a finding that: "The notice so prescribes clearly shows that authorised person under the President Order No. 16 of 1972 and the Rules framed thereunder shall service notice..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......n case was that convict‑appellants and seven(7) others in collusion with each other created two registered Muktipatras in respect of certain vested property which was leased out to different persons. The specific case of the prosecution is that appellant No. 3 Shailendra Chandra Das and se..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......udgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affected by the act of functionari..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149