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State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....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. ......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. ......sp; Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-­2003 passed by a Division Bench of the High Court Division in Crimina......t be taken into consideration for granting bail to an accused of a murder case………..(14)  Lawyers Involved:  Abdur Razaque Khan, Additional Attorney‑General, instructed by Ahsanullah Pat‑wary, Advocate‑on‑Record­For the Petitio..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

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.......sed persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint on 17‑5‑2001 in the Court of Magistrate (Cognisance Court No.2), Habigonj against Muktar Mia and Maksud Mia of his village under sections 9(4)(Kha)/30 of the Nari­-O‑Shishu Nirjatan Daman Ai...... Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Karim, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No.3689 of 2001. Judgment Sikder ..

Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......rim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   Judgment April 22......igh Court Division dated 15‑4‑2002 passed in Matter No. 2 of 2000 on an application under section 8 1 (2) and 85(3) of the Companies Act, 1994 condoning the delay in holding the Annual General Meetings of United Commercial Bank Limited ("UCBL") for the calendar year 1998, 1..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

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

.... Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Opar......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. ......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or...... Moto Order No. 248 of 2003 Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

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

....tation and local inspection. Defendant Nos.3‑7 who are the Chairman candidates being dissatisfied with the selection of the polling stations filed application to the Chief Coordinating Officer, the Deputy Commissioner, Narail for setting up polling station at neutral places to secure fair and free......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.   ...... Ed. This Case is also Reported in: 57 DLR (2005) 273.   ......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.   ..

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

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ......ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ...... Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J    Motiur Rahman and others..............Appellants   Vs.   C......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

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. ......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. ...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   Judgment May 28, 2003. T......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. ..

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

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......n (Civil)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......authorised occupation till the date of restoration of possession should be paid to the respondent…….(6)  Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

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. ......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ...... Judgment   March 17, 2003.   Waiver, Estoppel     The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th......isite qualifications was on compassionate ground, allowed the title of Temporary Librarian under certain conditions.   9. The petitioner has referred to the case of the Post Master General, Eastern Circle (EP) Dhaka and another vs Mohammad Hashem in support of her claim to a highe..

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

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

....ing for the appellant Abdus Sattar submits that GD No. 957 cannot be believed in piece in isolation of the other part. It must be believed as a whole or not at all. In this connection the learned Deputy Attorney‑General has referred to the case of State vs Mushtaq Ahmed reported in PLD 1...... 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. ...... (Criminal)  Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Moinul Haque (Md) and another........Petitioner Vs. State .................................... (Kazi Shahadat Hossain, Advocate with him) Instructed by Md Nowab Ali, Advocate-on‑Record‑ For the Petitioners (In both the cases). Abdur Rezaque Khan, Additional Attorney General (Md. Faisal H Khan, Assistant Attorney ‑General, with him) instructed by Ahsanullah P..

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. ......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. ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Nahar Shipping Lines Ltd. and another .............Petitioners         &nbs......ioners own 27.50% of the shares in the company.   iii. The petitioners were kept in the dark about the affairs of the company by the respondents.  iv. No Annual General Meeting of the Company has been held since 1985.       ..

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)

....nur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J  Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent   Judgment      &n......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. ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR...... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record–For the Appellant. Abdur Razaque Khan, Additional Attorney‑General, instructed by Ahsanullah Patwary Advocate‑ on‑Record-For the Respondent. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)

....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ...... For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dh...... defendant but even then decided the issue in favour of the plaintiff and decreed the suit. Mr. Haroon-Ar-Rashid, the learned Advocate for the opposite party has invited my attention of section 27 to General Clauses Act and submits that according to P.W.1 the notice was correctly addressed at the ad..

Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61

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

....ML Bagga vs C Murhar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221. Lawyers Involved: Fariduddin Ahmed, Deputy Attorney‑General, instructed by Md. Ahsanullah Patwary, Advocate‑on-­Record‑For the Ap......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. ...... Court Appellate Division (Civil) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Ju......ar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221. Lawyers Involved: Fariduddin Ahmed, Deputy Attorney‑General, instructed by Md. Ahsanullah Patwary, Advocate‑on-­Record‑For the Appellants. Abd..

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

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

....officer, having found from an information slip that the said decree was spurious and forged, rejected the said mutation case and forwarded the order sheets of the said mutation case to the Additional Deputy Commissioner (Revenue) Satkhira on 26‑11‑1984 for taking necessary action. The la......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......898), Sections 155, 190 & 195          (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w......Lawyers Involved:   ASM Khalequzzaman, Advocate-on‑Record‑For the Appellant.   Abdur Rezeaque Khan. Additional Attorney‑General, instructed by Mr. Ahsanullah Patwary, Advocate‑on­-Record‑For the Responden..

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

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....en filed challenging order dated July 20, 2002 suspending the petitioner from the office of Chairman of the Dewangonj Pourashava in the District of Jamalpur and the Memo dated July 21, 2000 directing Deputy Commissioner, Jamalpur to inquire into the allegations of 10 commissioners of Dewangonj Poura......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ...... Md. Fazlul Haque J    Abdur Rashid (Md) ...............Petitioner   Vs.   Local Government Rural Development and Co­operatives, Local Government Division and others..........Respondents  ......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ..

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

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.  ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......  Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   Md. Afzal Hossain ......min Khan 1994 BLD (AD) 171 = 46 DLR (AD) 85; Service Law Report (1981) (4) 735; (1999) 9 SCC 86.   Lawyers Involved:   AJ Mohammad Ali, Additional Attorney‑General. instructed by Mvi. Md Wahidullah, Advocate‑ on‑Record­-For the Appellants. ..

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. ......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. ...... Ed. ...... 5. The appellant sought leave to appeal and the leave was granted by order dated 2‑5‑2000 on the terms that‑ "Mr Mahmudul Islam, the learned Attorney‑General submits that the learned Additional Metropolitan Sessions Judge having framed the charge a..

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

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....rs Involved:   Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record­-For the Appellant. Abu Kowser Dabirushan, Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑Fo......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.   ...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......sp; Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record­-For the Appellant. Abu Kowser Dabirushan, Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. ..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

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

....tion on January 2, 1983 in the Office of the Upazila Revenue Officer and thereupon the Upazila Revenues officer directed the plaintiff to file appeal against his order in the office of the Additional Deputy Commissioner, Revenue, Pirojpur and the plaintiff filed an appeal, being No. 91 of 1982 in th...... 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. ...... 209, 8 BLC (AD) 67. ...... 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. ..

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