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

...., Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000).   Civil Appeal Nos. 97 and 98 of 2000.   (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). &nbs......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

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)

....eal against the impugned judgment and order of the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11­-1995 as issued without any lawful authority and of no legal effect.  ......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

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....€‘For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgment ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

.... with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 263 of 2001. (From the judgment and order dated 5th November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 46 of 1999). ......e submitted final report; that the National Board of Revenue got further information about foul play and formed Enquiry Board for investigation into the matter. The Enquiry Board visited the place of occurrence, took statement of persons connected in the matter, examined the relevant records and aft..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

.... Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002).  Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002  ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Judgment ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

.... Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000) ......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

.... 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-Shishu Nitj......sed hue and cry and the hotel manager and hotel boy Abdur Razzak and Md. Ali Bhutto rushed to the room and heard and saw the matter. On the following morning the victim returned home and reported the occurrence to her husband who filed a complaint case before a Magistrate having the competent jurisd..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....eral—For Respondent No.1. Criminal Appeal No.2381 of 1998. Judgment Md. Muzammel Hossain J.—This appeal at the instance of the accused appellants is directed against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribu...... and took her forcibly with them. Some other 7/8 accused persons armed with sticks, kirich and cut rifle were waiting outside the hut. On hearing hue and cry when the villagers came to the place of occurrence, the accused persons indiscriminately fired with guns and fled away with a microbus towa..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....l Appeal No. 281 of 1986 And Re-Criminal Appeal No. 46 of 1988 Judgment Md. Abdul Aziz J.- This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convict......ng injuries on his person. On hearing the hue and cry of Shayamol Kanti the informant and witnesses Shashi Bhushan Majhi, Samir Singh, Anil Majhi, Ratan, Ram Krishna and others rushed to the place of occurrence and saw and heard the occurrence. Shayamol Kanti died later on 25-1-86 at about 5-00 PM d..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....of their Lordships Mr. Justice Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three)......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....ut the company failed to repay the said amount within the stipulated time, however, on 8th May, 2001, the company repaid Taka 5,50,000. Thereafter, the respondent-company issued three cheques, cheque dated 15‑4‑2001 for Taka 30 lakh, cheque dated 15‑5‑2001 for Taka 15.00 lakh and cheque date...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

.... Judgment Md. Muzammel Hossain J.— This appeal at the instance of the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai is directed against the impugned judgment and order dated 20-­6‑2000 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati, in Na......cord. 8. Purnima Rani Das, the informant-victim as P.W.1, in examination-in-chief stated that she was married to the accused appellant 10/12 years ago. They used to lead a happy conjugal life. The occurrence took place on 21‑5‑1999 at 7‑00 PM. Earlier she filed a case against the accused ap..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....dvocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Respondent.  Civil Petition for Leave to Appeal No. 1000 of 1997. (From the judgment and order dated 3rd March 1997 passed by the High Court Division in Writ Petition No. 33 of 1988).  ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....er, Advocate‑on‑Record‑ For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 275 of 2002. (From judgment and order dated 20th January, 2002 passed by the High Court Division in Civil Revision No. 2412 of 2001). ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....dure for confirmation of sentence of death by hanging by neck till his death while convicting Harish under section 6(4) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the ......erred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offerin..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....al in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial an...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)

....t the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff ­respondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit No. 2......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit.  The petition is dismissed with observation.  Ed. This Case is also Reported in: 8 MLR (AD) 41. ..

Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....bsp;      Mahmudul Amin Choudhury CJ.- This appeal by leave at the instance of the informant who is the father of victim Masuda Khanam (Hasi) is against judgment and order dated 16‑4‑2001 passed by a Division Bench of the High Court Division in Criminal Misce......abducted said Masuda Khanam (Hasi) while she was going to school in order to compel her to marry him. Case of the appellant is that his daughter Masuda Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case i..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....nt Syed Amirul Islam J.-  These Rules arise out of a news item in the Daily Manabjamin under the caption "GKwU ivRKxq †K‡j¼vixi LmovÓ published in its issue dated 16-9-2000, corresponding to 1st of Ashwin, 1207 BS. After publication of the aforesaid news it......xistence of the cassette not been unearthed and brought to the notice of the public by the press in general, a grave wrong would not only have gone un remedied and undetected, but there was a risk of occurrence of such things as the cassette had unearthed continuing unabated and causing the erosion ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201