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

.... as such, the present Case was started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, examined the witnesses and recorded their statements under section 164 of the Code of Criminal Procedure, produced the victim before competent...... 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)

.... Mahmood Hasan but asserted that none of the owners returned to Bangladesh after the Liberation War and ceased to occupy, manage and supervise the case property in person. They were the citizens of a state which was engaged in military operation with the People's Republic of Bangladesh and the prope......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)

....ould not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 ......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

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

....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. ......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)

....on and reg­istration of the sale deed the appellants had to file the aforesaid suit. 3.  The appellant in Civil Appeal No. 439 of 2001 was defendant No. 3 in the suit who filed the written statement stating, inter alia, that while he was a monthly tenant in part of the suit premises the o...... 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)

.... May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A  When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under sectio......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)

....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)

....the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisation order set out its revised Organisation Chart of Flight Service Department, inter alia, it stated that "Operating Crew" 359 Flight Stewards/Stewardesses in pay Group IV and writ petitioners a......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)

...., 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)

....wheat. It may be mentioned that project Implementation officer, a government functionary, was cited as witness in the prosecution report, but no explanation was offered for not examining him. In that state of the matter the High Court Division observed that prosecution failed to prove beyond reasona...... 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

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

..... PD/Pori-25/2003/ dated 03.02.2003 sta­ting, inter alia, that 206 children as under trail prisoners were in Dhaka Central Jail till 02.02.2003. Dividing them into 3 groups in the report it has been stated that there are 2 girls Under Trial Prisoners below age of 16 and 17 such under trial prisoner......s minutes of the committee the learned Attorney General submits that already different Ministries including Ministry of Social Welfare, Ministry of Home and Ministry of Law, Justice and Parliamentary affairs have been asked to take favourable steps in the direction. 6. After considering the sub..

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).

....iven a retrospective effect. While interpreting a statute, the court is to look at the general scope and purview of the statute and at the remedy sought to be applied and consider what was the former state of the law and what is contemplated by the legislature. Keeping these in mind we have thorough......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)

....on light and also by the voice since accused were talking among themselves at the time of incident; that on the following morning she narrated the incident to her husband and at that time her husband stated to her that accused persons wrapped his mouth and tied him with the post and threatened him n......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)

.... and while the driver rebuffed her she boarded on the pick‑up and that in the front seat of the van two of them were sitting while one was sitting at the back. In cross‑examination, he stated that he went to Dhaka for admission in Notre Dame College and he denied that he eloped with t...... 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

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

....e of Incorporation of the Memorandum and 'Articles of Association of the petitioner company and the last filed Annual Accounts and Annual Return of the petitioner company.  3. The facts stated in the petition under section 233 of the Companies Act 1994 was that the Petitioner Company ......fter the dismissal of Ashraf Ahmed as the executive director, no further information about the company was provided to the petitioners of the company matter; were not allowed to participate in the affairs and management of the company, no dividends or profits were paid to them. In that situation..

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)

....hat which is due from one person to another or others. In Stroud’s Judicial Dictionary a 'debt' is defined as a sum payable in respect of a liquidated money recoverable by action. It was also stated that one of the essentials of the debt is that it must be a really calculable amount. On co......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

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

....ort, are that the respondent, North Point University, filed an application under section 3 of the Private University Act, 1992 for founding a Private University. In the application the respondent has stated that some distinguished educationalists, with the intention of setting up a Private Universit......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

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....ore sending his proposal is to satisfy himself as to the correctness of the report. It is more an administrative inquiry conducted for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possessio......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....ased to be co‑sharers and are debarred from claiming pre‑emption". Since the pre‑emptee in support of his contention that pre‑emptors separated their jama relied upon the statement made in the petition for pre‑emption and as there was no other evidence as to separa......emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

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

....g of sub‑ rule (2) (c) of Rule 4 of the Government Servants (Discipline and Appeal) Rules, 1985) and further made the order to the opposite party in the Administrative Tribunal Case to reinstate the petitioner (respondent herein) in the AT Case.   2. Short facts of the ......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