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Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....nd being the same, only because cause of action being different, the present suit is maintainable or not. 10. To appreciate the submissions of the learned lawyer of the parties, let me quote the relevant portion of Order IX rule 9 of the Code of Procedure which reads as follows: “9. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ecurity upon Managing Director's executing an undertaking in writing. DW 1, however, has not denied the signature on Exhibit A but sought to explain the same saying that it is not an undertaking, the relevant letterhead of the company is prior to 1980 when the company was incorporated. The letterhea......osed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan for the company wa...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ondent No. 1 came to learn that the said Tofayel Ahmed by practicing fraud upon the respondents as well as the company and also acting contrary to his earlier promises and undertakings, converted the documents and papers containing signatures of the respondents into valuable security and got their 2..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....ormation 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 after observing all necessary formalities submitted report to the effect that t......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....al Nos. 504, 510, 516, 517 and 636 of 2002 dismissing them. 2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by this court. But the relevant facts are to be briefly stated for a proper appreciation of the gro......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. ......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......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 anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....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. ...... 2 to the respondent No.1 are the important elements of part performance of the contract by the respondent No. 2. 7. It further found that the defendant appelÂlants failed to produce any papers before the court to show that police outpost had been set up by the Government or that the s......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anothÂer.........Appellants Vs. Md. Yusuf Ali Khan and others....................s on the agreement, Ext. 1 and part payment of consideration money were proved by the witnesses of the plaintiff, the exhibit is a genuine document. It also found that handing over all the original documents of the property as well as possession of the property by the respondent No. 2 to the res..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ....... ABM Nurul Islam, the learned Advocate for the accused appellant took us through the first information report, charge-sheet, deposition of prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but the ......No. 2487 of 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-......3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of which she took an advance of Taka 17, 0000 but she did not execute the necessary documents subsequently in spite of his requests. The defence totally denied that the accused took th..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....ed in the said Criminal Miscellaneous Case No. 521 of 2002. 6. The Rule has been contested by the opposite party, namely, the State, by filing counter-affidavit making various statements but the relevant statements necessary for the disposal of the present Rule are that as per provision of sect......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. ...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......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
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... defendant No. 1 is that the property described in schedule 'A' belonged to the recorded Hindu owners and they being absent from the then East Pakistan and that as they were staying in India at the relevant time as well as at the time of Promulgation of Defence of Pakistan Ordinance 1965 and the......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. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€......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
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....osition, it denied all the material allegations made in the petition and stated that the petitioner went to the office of the respondent-company, some time in mid May, 2001 and forcibly took away the relevant file regarding the transactions between the petitioner and the respondent-company and a GD ......he face of the allegations of the petitioner based on admitted liabilities, the company could not show before this Court their financial and/or liquidity position till December, 2001. Rather from the papers as submitted before this Court it appears that the company is heavily indebted to the petitio......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ......42 of the Companies Act, no response was made on behalf of the company showing neglect on the part of the company to repay their debts. He further submits that it is apparent from the records and the documents, filed on behalf of both the parties, that the substratum of the company had already been ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....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. ......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. ......se is also Reported in: 55 DLR (HCD) (2003) 527. ......e saw the victim lying on the floor with a belt around her neck but at that time the accused persons were not present. We also find that P.W.9 and P.W.10 are formal witnesses and proved the necessary documents. In crossÂ-examination SI Azharul Khan, P.W.10 stated that he perused the medical certifi..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).
....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. ...... for sale, Ministry of Works served notices dated 24-12‑1987 and 17‑1‑1988 directing him to hand over possession of the house as an abandoned property, that the respondent submitted papers before the Ministry in support of his interest but the Minister did not consider them and dir......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed...................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
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....ted or at a time at which he knows that it was not made, signed, sealed or executed. The other two situations when "a person is said to make a false document" as in the section are, riot relevant for the purpose of the present appeal. 15. It being the definite case of the ......responding entries in the fodder register and the cattle pound register. Later on all the accused acted together and declared that the cattle should be taken as ill and managed to fabricate auction papers. After entering a few bogus bids in the names of their friends without any proclamation and...... Ed. ......act is, that appellant No. 3 and others have executed the document and that therein they have made some untrue statements regarding the property relating to which they executed the Muktipatras. The documents i.e. Muktipatras, having admittedly been executed by the appellant No. 3 and others the ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....aw the injuries on the persons of the deceased and that she heard Hajera went to watch TV in the adjacent house. 14. PW 15 Dr. Abdul Halim Bhuiyan was attached to Sadar Hospital Narsingdi at the relevant time and he examined the dead body of Hajera Begum and he found the following injuries on t......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.......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512......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...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)
....ter entry register that the original evaluation report was sent by the Secretary to the concerned Branch/Section of the Ministry. As such, the original evaluation report is not available in the relevant file of the Ministry. 4. It is true that the UO notes sent by the then Secretar......cient credentials to his credit. He is the Founder Director and subsequently publisher and the Managing Director of the Daily Star, one of the country’s most successful English- language newspapers, the Founder and subsequent Chairman of Reliance insurance Company Limited, a Director of th...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......aluation report and concerned papers were kept by the then Secretary Mr. Akmal Hossain under his personal custody which is not available now. 3. There is nothing of reference of those documents, including the evaluation report, in the file of the Ministry. It appears and is also ev..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....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. ...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ......e suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the parties to adduce fresh evidence and to allow them to exhibit the documents filed earlier. The suit was fixed for argument, when the defendants filed an application f..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....di vs Bangladesh). In that decision it has been held that when a victim girl was found to be a minor she ought to have been given in the lawful custody of the father. The opinion of the minor is irrelevant and the same cannot be a condition precedent for giving her custody to the father. It has ......ural guardian of the minor girl and her continuous detention is illegal. It is the definite case of the prosecution that victim Masuda Khanam (Hasi) is a minor girl and in support of that certain papers have been annexed with the petition." 4. Mr. Shahidul Islam, learn......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....s drawn our attention to the news item published in the front page of 'Manabjamin' on 16-9-2000 under the heading, "GKwU ivRKxq ‡K‡j¼vixi Lmov " and quoting the relevant portions of the report he drew our attention to the box news as it appeared in the newspape......s of the news item we issued the Rule upon the reporter, writer, Chief Editor, printer and publisher of 'Daily Manabjamin’. Along with the said application the copies of the other daily newspapers were annexed wherein news items were published which referred to the news published by 'M...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......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 ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
.... cross‑examination by the defence she stated that she knew the appellants before the occurrence but in the night of occurrence she did not see them in the house of occurrence, which was dark at the relevant time and after lodging first information report her brother‑in‑law, the informant told ......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. ......d in: 56 DLR (2004) 383. ......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. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....with have been proved against the appellants beyond reasonable doubt. 11. PW 1 Shafiqul Islam is informant in this case and he is the brother of the victim girl having common dwelling house at the relevant time. Since the prosecution case has been started from the examination-in-chief of the PW1,...... 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.......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe......he said report, the age of the victim girl was 15/16 years. 21. PW 10 Sub-Inspector of Police, Md. Shajahan investigated the case and he gave testimony about his investigation work and proved some documents relating to investigation appears that the investigating officer submitted charge-sheet wi..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....he judgments of the Courts below and other materials on record. In view of the submissions of the learned Advocate for the petitioner and also of the petitioner claim, it requires me to reproduce the relevant portions of the section 21(1) and 21(3) of the Premises Rent Control Or...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud......ying the rental from the month of September, 1983 as per the increased rent filed this application. 4. The learned Controller after taking evidence of the parties and considering their submitted documents came to his finding that due to the dismantling by the RTDA the room No. 9 has become unus..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
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