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

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..

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

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

....p;Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No.5045 of 2002 ......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. ......Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a Senior Officer in the Service of the Republic. The contention of the State that the grounds of detention ha..

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

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....cle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was running his service to the best. of his capacity and honestly and he was promoted to the post of the Assistant Director, Administration, Class‑1, Military Lands of the Cantonment, by notificati......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

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

....ul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal Appeal No. 1545 of 2000. Judgment ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......sed the medical certificate. There was no recording of serious wound in the medical report. X-ray report was written as normal and in the prescription the address of the doctor was written as Medical Officer, Jhalakati and thereafter, it was deleted and was written SBMCH. He did not know whether the..

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

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....117. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Abdur Razzaque Khan, Additional Attorney‑General, with Md. Faisal H Khan, Assistant Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on­-Record......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

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

....n Miscellaneous Appeal No. 2 of 2001 allowing the same by granting injunction against the defendant Nos. 1-3 upon setting aside the judgment and Order dated 23‑1­-2001 passed by the learned Assistant Judge Shariatpur in Title Suit No. 40 of 2000 rejecting the application for temporary inju......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. ...... Ed. ..

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

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

....ngi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant Attorney-General—For the State. Death ......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......m that Hazera went to watch TV and there was no trace of her and on search the dead body of Hazera was found in the latrine of Abdul Jabbar. He denied suggestion that he told before the Investigating Officer that Hazera went to watch TV in the house of Angur and that accuseds Harish and Harun tried ..

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)

....ntract and other infrastructure facilities like in building space, etc. which is causing losses to BTV. 19. On an inquiry by the court, respondent No.5, the Ministry of Information, through Assistant Secretary respondent vide Memo No. 7g/P-3/13(3)/2001/06 dated 13-2-2002, informed the cou...... 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.  ......Act, 1980 before passing such a drastic and far-reaching judgment. 28. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the petitioners, Mr. AS Mahmud, Chairman and Chief Executive Officer of Ekushey Television, in Civil Petition for Leave to Appeal No. 617 of 2002 submits, that ..

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

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

....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. 29 of 1986 for permanent injunction, reject......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. ......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

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

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......ourable verdict in the appeal. It further appears that the puisne Judge also assured him that he will try his best to obtain a favourable order in his favour but he could not do so as ultimately, the Presiding Judge did not agree to his proposal. The accused repeatedly made queries why it happened a......e in such matters as when he hears and disposes of cases before him, though the procedure may be different or the place where he sits may be different. Any scurrilous attack by a subordinate Judicial Officer facing disciplinary proceedings directed against a Judge of the superior Court imputing mala..

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

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....984 BLD 44, 1985 BLD 137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advocates-For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney­-General-For the Respondent. Criminal Appeal No. 2445 of 1997. Jud......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ...... Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur. 5. During trial prosecution examined as many as 8 witnesses including Doctor and investigating Officer. PW Nos. 2, 4‑5 were declared hostile. Charge was framed under section 6(1) of the Nari-­..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....…Appellant Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respondent. Criminal Appeal No. 1709 of 2000. Judgment ...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......en the charges were read over to the accused persons, they pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined 10 (ten) PWs including the informant, Investigating Officer and the Medical Officer, who examined the victim to ascertain her age. The accused persons a..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

....gment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 making the Rule absolute reversing the order dated 11‑10‑1999 passed by the learned Senior Assistant Judge Sherpur, Bogra in Title Execution Case No. 1 of 1998 staying all further proceedings......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

.... house released from "Ka" list of the abandoned buildings published in the gazette dated 23‑9‑1986. Prior to that the petitioners filed Title Suit No. 536 of 1985 on 25‑11‑1985 before the 1st Assistant Judge, Dhaka praying that the property could not be enlisted as an abandoned property and ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)

....h Court Division in Civil Revision 3617 of 1995 dis­charging the Rule.  2. The petitioners as the plaintiffs instituted Title Suit No. 333 of 1984 in the First Court of Munsif (now Assistant Judge); Sadar, Chittagong which was renumbered as Title Suit No. 72 of 1985 after being t......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ..

Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......74 no vested property case can be started thereafter on the basis of the law already dead………………(14)    Case Referred to-   Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136.   Lawyers Involved:   Abdul Wadud Bhuiyan,..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....Respondents No. 7. Rafiqul Huq with Moniruzzaman Khan, Advocates- For Respondent Nos. 6 and 8. AF Hassan Ariff Attorney-General with Adilur Rahman, Deputy Attorney-General with Zaman Akter, Assistant-Attorney-General with Karnrunnesa, Assistant Attorney-General — For the State. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

.... paying rents. Thereafter, serving a notice under section 106 of the Transfer of Property Act on 29-5-95 tenancy was terminated and instituted SCC Suit No. 10 of 1995 in the Court of Senior Assistant Judge at Sadar in Barisal for eviction of plaintiff No. 1. 5. The case of defendant N......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).

....ng aside the judgment and decree passed in Title Appeal 170 of 1987 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore affirming those passed in Title Suit No. 30 of 1986 of the Court of Assistant Judge, Chowgacha.   2. The heirs of defendant No. 1 and def...... The appeal is allowed without any order as to cost.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 93.  ...... The appeal is allowed without any order as to cost.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 93.  ..

Category: Property Law | Date: 18 Mar, 2002 | Hits: 80