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Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....9;on‑ Record‑ For Respondent No. 1. Not represented‑ Respondent No. 2.   Civil Petition for Leave to Appeal No. 586 of 2003. (From the judgment and order dated 8th April 2003 passed by the High Court Division in Writ Petition No. 2338 of 2001).  ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

.... Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1.  Civil Appeal No. 128 of 1998. (From the judgment and order dated 26th August 1998 passed by the High Court Division in Writ Petition No. 670 of 1994).  ......und that medicine worth Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the place of occurrence and started investigation; suspected the respondent No. 2 and he was taken to police sta..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

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

....In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). Judg...... 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

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....8209;Record‑ For Respondent No. 1. Not Represented‑ Respondent Nos. 2‑6. Civil Petition for Leave to Appeal No. 1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in FMA No. 234 of 2003).   Ju......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

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

....le 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim ......; 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)

.... Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respondent. Criminal Appeal No. 27 of 2001. (From the Judgment and order dated 3‑6‑1999 passed by the High Court Division in Criminal Appeal No. 579 of 1998.) ...... his shop at Kankirhat and then his Chachato brother Manik told him that condition of his daughter was not good and Manik asked him to go back to his house. After coming home he asked Parul about the occurrence. Parul told him that accused Foran Ali and Babul called her after the dusk when she was r..

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

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

....lance amount would be paid within 4(four) months, the time was extended several times and as such the question of time being the essence of the contract does not arise. He has pointed out that on the date of bainapatra out of total consideration money of Tk. 2,00,000/-(two lacs), TK. 70,000/- (Seven......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....ecord‑For Respondent Nos. 1 & 5. Not Represented‑ Respondent Nos. 2‑4. Dispensed with‑ Respondent Nos. 6‑ 10. Criminal Appeal No. 17 of 1999. (From the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 of 1997......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

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

....Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and......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

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....9;ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑ For the Respondent.  Civil Appeal No. 114 of 2002. (From the judgment and order dated 22nd April 2001 passed by the High Court Division in Civil Revision No. 1595 of 2000). ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate ‑on‑Record -For Respondent Nos. 2‑ 7. Civil Appeal No. 50 of 2000. (From the Judgment and Order dated February 1, 1999 passed by the High Court Division in Transfer Suit No. 1 of 1995). Ju......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

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....of decision from the Head Office of Uttara Bank. In the year 1384 BS the defendant proposed to re-fix the rents of the premises by a letter to which the plaintiff Bank by Memo No.CMH/OF/FRENT/78‑79 dated 12‑4‑1978 informed that the rent was enhanced to Taka 1800 for the subsequent years. Mr. C......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....r the Petitioner. Md. Ziaul Haque-For Respondent No.2. Writ Petition No.2903 of 2003. Judgment Md. Tofazzul Islam J.- The petitioner filed this writ petition challenging the order dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by whi......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....r the Respondents. Appeal from Original Decree (FA) No. 13 of 2003. Judgment Md. Abdul Matin J.-This appeal at the instance of the defendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999....... 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

.... Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of sec......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)

.... Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advocate-on-record-For the Respondent No. 2.  Civil Appeal No. 287 of 2004 (From the Judgment and order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 2002)  Judg......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)

....iminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, Barisal......victim and raped her against her will, while her mother-in-law was sleeping on the verandah on the same hut. The informant was at Dhaka who works as helper of mason and that he came to know about the occurrence after return therefrom, but could not file necessary case, as the local people tried to s..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....alling upon the respondent-contemners to show cause as to why a proceeding for con­tempt of Court should 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......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)

....ate‑on‑Record. For the Petitioners. Not represented‑ The Respondent.  Criminal Petition for Leave to Appeal No. 21 of 2002. (From the judgment and order dated August 7, 2001 of the High Court Division in Criminal Appeal No. 1151 of 1994.) Judgmen......inflicted indiscriminate blows by a Chinese axe in the different places of the body of victim Sabuj and while the victim raised alarm for help then the informant and his cousin rushed to the place of occurrence and accused Shahid threw a bomb on them and thereby Alamgir was injured by the splinter o..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....tructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For Respondent Nos. 1‑3. Not represented‑respondent Nos. 4‑4 (d). Civil Appeal No. 77 of 1997. (From the Judgment and Order dated January 16, 1997 passed by the High Court Division in First Appeal No. 1 of 1988). Judgmen......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202