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

.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ......ed by the reliable evidence, that petitioner's contention that as prosecution case of causing death of Swapna Begum was not established by any direct evidence and that as evidence of PW 14, Medical Officer, who held post‑mortem examination, cannot be considered corroborative evidence as to ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ......;..(25) Cases Referred to- Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR (1922) Patna 281; Abdul Aziz Vs. Tofazzal Hossain and another, 50 DLR 487; District Primary Education Officer Vs. Joynal Abedin and others, 40 DLR 328; Radha Rani Vs. Durga Rani Adhikari, 47 DLR 360. ..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

.....2 at Pabna in Miscellaneous Appeal No.22 of 2003, which dismissed the appeal as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration tha...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......he effect that to make a deposit of half of the decretal dues is no efficacious remedy for the petitioner and that submission was made relying on the case of Nagina Silk Mill, Lyallpur Vs. Income Tax Officer Lyallpur 15 DLR (SC) 181 and the Appellate Division held that the submission is misconceived..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

.... (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) 1; State Vs. Kalu Bepari, 43 DLR 249; Shamsuddin Vs. State, 45 DLR 587; State Vs. Md. Dulal Mia. Lawyers Involved: Md. Ibrahim Khalil, Assistant Attorney-General- For the State. Abul Bashar State Defence Lawyer- For the Convict. ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....4619 of 1997 making the Rule absolute.  2. The facts, leading to this petition, are that the leave‑petitioner as plaintiff instituted Title Suit No.37 of 1994 in the Court of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......r separation of the Jama cannot be sustained. Further, it appears that immediately after the knowing of the separation of the jama no appeal has been preferred against the order passed by the Revenue Officer indicating also that the separation of the jama has been accepted. The mere fact that notice..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....ted February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge and S.C.C. Judge, Sadar, Kushtia. The Rule was obtained against the judgment and dec...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......o. 1 (Agrani Bank) having had fallen ill on November 15, 1990 applied for leave for one month with effect from November 20, 1990 upon filing a medical certificate duly countersigned by the Medical Officer of the appellant No. 1, that thereafter on December 26, 1990 the respondent submitted an ap..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....n received against him and that without hearing him.  The Rule was contested by filing affidavit‑in­-opposition by the writ‑respondent Nos. 1 and 2 i.e. Secretary and the Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs as well as by the ad......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....                     Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004. Ju...... This Case is also Reported in: 57 DLR (2005) 244.                         ...... This Case is also Reported in: 57 DLR (2005) 244.                         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....curred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant Inspector of the Bureau Reading the provisions of section 5A of the Prevention of Corr......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rlooking the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual held that the charge‑sheets were submitted by the incompetent Police Officer, i.e. Assistant Inspector of District Anti‑Corruption Bureau. 8. The learned Additiona..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......he High Court Division in Criminal Revision Case No. 1257 of 2003 refusing interference with the order dated 8-11-2003 passed by the Magistrate, Gopalganj sending the application to the Investigation Officer with a direction to add relevant section of the Druta Bichar Ain if there are ingredients of..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....l Alam, Advocate with him), instructed by Sifia Khatun, Advocate‑on‑Record‑For the Petitioner.   Abdur Rezaque Khan, Additional Attorney‑General, Faisal H Khan, Assistant Attorney‑General with him), instructed by Mvi Md Wahidullah, Advocate‑on̴......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ...... no legal value. It was also the contention of the petitioner that in any view of the matter Rules 11 and 12 of the Pourashava Commissioners and Chairman (Resignation, Removal  and Vacation of Officer) Rules, 1980 were violated in issuing the letter of removal inasmuch as in the Rules of 19..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......the Ordinance it appears that the employees of the Corporation are employed under section 47 of the Ordinance as mentioned in the Schedule of posts either by the Corporation or by the Chief Executive Officer as envisaged under section 49 of the Ordinance. 35. Section 53 of the Ordinance deals w..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4