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

....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. ......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

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ...... Vs. Sarder Anwar Hossain and others…………………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68; Md. Rafiqul Alam Vs. Musta..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

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

....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. ...... have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchange is impossible………..(27, 29 & 33)  Cases Referred to-  Bajaj Auto Ltd vs NK Firodia (1971) 41 Comp Cases 1, 6, 7 (SC); Re ..

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

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

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......ert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16)    Cases Referred to-   Narendra Chedda vs. Union of India AIR 1986 SC continued in ..

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

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

.... 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. ......being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of the petitioner, it is not a case of moral conviction.  Cases Referred to-  Shah Khan vs. State 18 DLR (WP) 91; Abdur Rashid vs. Sta..

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

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

....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. ......he company court to the majority share holders to buy the shares of the minority at a valuation is in conformity with the law. ……………….(16 & 19) Cases Referred to-  Nafisa Chowdhury vs United Food Complex 53 DLR 81 and Syed Al Nesar..

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)

....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. ......strict Delegate or District Judge under section 372 of the Succession Act, 1925…………………………..(22)      Cases Referred to- Dina Nath vs. Balkrishna, AIR 1963 All 46 47; Muthupalaniapa Chettiar vs...

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)

....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. ......espondent to take recourse to article 102 of the Constitution. Moreover matter is pending before the authority and as such no cause of action has yet arisen……………………(21 & 22) Cases Referred to- Kohinoor Mercantile Corporation vs Hazera Khatun 14 DLR 47; Modi Food Produ..

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

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

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......e Code of Criminal Procedure in the absence of clear enactment, expressed or implied, preventing the Court from doing so………………(21)  Cases Referred to-   ldris Ali vs. State 1986 BLD 7= 38 DLR 270; 20 DLR 109..

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

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

.... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ......ment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12)      Cases Referred to-   AM Burq and another vs. Central Exchange Bank Ltd. and other..

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)

....   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ......ative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the administrative point of view.   Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Ban..

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

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

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......arership can not be claimed in respect of the former khatian by former co-sharer of such khatian ………… ……….(19)    Cases Referred to-   Md. Abdur Rouf vs Ahmuda Khatun 33 DLR (AD) 323;..

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

....peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......well as to consider the proportionality of the penalty imposed in the background of the facts and circumstances of the case……………….(11)    Cases Referred to-   Sonali Bank vs Ruhul Amin Khan 1994 BLD (AD) 171 = 46 DLR (A..

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

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......#8209;4‑1999. Against the judgment and order dated 22‑4‑1999 of the 3rd Court the accused respondents filed the aforementioned Criminal Revisions ‑and Criminal Miscellaneous Cases before the High Court Division and the High Court Division by a single judgment dated 23̴..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

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.   ...... of the said Code to enlarge him on bail pending trial of the case. Hence bail is granted subject to the discretion of the trial court to cancel the bail for its misuse.…(27 & 28) Cases Referred to- Khalid Saigal vs State, 14 DLR (SC) 321; Moham..

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.  ......e his case as claimed in the plaint and the defendants have failed to disprove the same………………………(18 & 28) Cases Referred to- Rezaul Karim vs Shamsuzzoha 49 DLR (AD) 68; Shashi Kumar vs Nagendra Nath ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. .......................Appellant  Vs.   Atahar Ali Howlader and others...........Respondents  Judgment November 18, 2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241.  ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......greement.   The Court has jurisdiction in its discretionary power to grant interest on the awarded amount or any part thereof till realisation.     Cases Referred to-   Bangladesh Agricultural Development Corporation vs. Kibria a..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....rved upon the writ petitioner informing him about the allegation with proposed penalty affording 3 days' time to reply and reasonable time to prepare his defence as required under Rule 9 of Rules for Disciplinary Action of the Officer and Employee of the Board. This procedure having not been complie......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. ..

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. .........................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Lati..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198