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Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......bsp; Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent  Judgment January 10, 2004.   ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....s not sustainable in law. ………………….(24, 26, 27). Cases Referred to- GL Gupta vs. DN Mehta AIR 1971 SC 2162; Begum Motia Akhtar Khanam vs. Shawrat Ara and others, 42 DLR (AD) 26, State vs. Khondker Mohammed Moniruzzaman, 1997 BLD (AD) 54. Lawyers Involved: Mahmudul Islam......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....e customer would pay less if lots 1 and 4 are allotted to the writ‑petitioner No.1 then a total of Taka 27,78,52,298 instead of Taka 28,94,45,778 would be spent, that in order to save money for the State and the Authority, the purchaser should stick to clause 14.4 of Instruction of Bidders and dis...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

.... (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....Ed This Case is also Reported in: 56 DLR (2004) 647. ...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....and another 21 DLR (SC) 456; Khadomul Islam Chowdhury vs Bangladesh and others 33 DLR (AD) 111; Ariban Tuleshwar Sharma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......ate Division (Civil)  Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Abul Bashar and others...................Petitioners Vs. Prafulla Kumar Das and others…….Respondents  Judgment No......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....nsur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986......Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment Novemb......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong record…………………..(7)  The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to cor......esent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

.... Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 2003. ......(Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 20......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Jashimuddin Vs. State, 2004, 33 CLC (AD)

.... (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Jashimuddin...............Petitioner Vs. State...................Respondent   Judgment October 26, 2003.  ......ision (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Jashimuddin...............Petitioner Vs. State...................Respondent   Judgment October 26, 2003.&n......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....31. ......2004) 431. ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....1 Plaintiff Bank exercised ownership and acts of possession on leased out suit property. Plaintiff Bank constructed staff and officers quarters. Suit property was wrongly and fraudulently recorded in State Acquisition Khatian in S.A. Plot Nos.8705 and 8707 in the name of one Golam Hossain Rezwani. ...... High Court Division (Civil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2......BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. Mahbubey Alam, with Md. Mozammel Ho......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

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. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......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