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Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ...... Judgment                        Md. Fazlul Karim J.- This Criminal petition for leave to appeal at the instance of the accused­-petitioner is directed against the impugned ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

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

....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. ......Record- For the appellant (In both the cases). Ex-Parte- Respondents (In both the cases). Civil Appeal Nos. 123-124 of 1997. Judgment Md. Hamidul Haque J.- These two appeals by leave are preferred against the judgment and decree passed by the High Court Division in First Appea..

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

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

....n alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised sparingly and with caution arid only where such exercise is essential and justified by the tests specially laid down in the provision itself. It is now well­ settled that a second revision does n......om the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 of 1997). Judgment Md. Fazlul Karim J.- The first party appellants seek leave to appeal against the impugned Judgment and order of the High Court Division dated 24‑6­199..

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

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

....nk is an organ of the Government. Order 29 Rule 1 enjoins that in any suit, by or against Government the plaint or written statement shall be signed by such person as the Government may by general or special order appoint in this behalf and shall be verified by the person whom the Government may so ......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

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)

....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......dgment and order dated 29‑4‑2002 passed by the Administrative Appellate Tribunal in Administrative Appellate Tribunal Appeal No. 186 of 1999). Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 29‑4‑2002 passed by the Adminis..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128

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

....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. ......ion No. 1595 of 2000).  Judgment                    Md. Fazlul Karim J.- This appeal by leave is against the judgment and order dated 22‑4‑2001 passed by a Division Bench of t..

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)

....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. ...... Judgment                  Md. Ruhul Amin J: This appeal by the defendant No. 6, Capital Tower (Pvt.) Ltd., by leave, is against the judgment and decree of 1st February, 1999 passed by a Division Bench of the H..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

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

....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.   ......or reasons recorded in writing is also satisfied. (a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree. (i) is likely to abscond or leave the local limits of the jurisdiction of the Court or (ii) has, after the institution of t..

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

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

..... 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. ....... 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

....rke said, "I am convinced that we have a degree of delight, and that no small one, in the real misfortune and pains of others." The inner truth of the above saying cannot be over emphasised specially when it comes to the gray area of the administrative highhandedness of the Bureaucrats i.e......subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh." 14. And Article 65(1) provides that there shall be a Parli..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....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. ......;                         Md. Ruhul Amin J: The appeal by the writ-respondents, by leave, has been filed against the ad interim order dated March 5, 2002 passed by the High Court Divi..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Hossain Shially (Fakir) Vs. State, 2003, 32 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: 56 DLR (2004) 637. ...... 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: 56 DLR (2004) 637. ..

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

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......rted in 45 DLR 416 in which one of us was a party. " 22. In the case of Bangladesh vs. Professor Golam Azam reported in 46 DLR (AD) 192 it has been held that: "Thus, even though a person leaves the country of his origin with intention of never returning to it, his domicile of origin i..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

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

....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. ......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)

....terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ......) Judgment                    Md. Ruhul Amin J: Delay of 2 days is condoned. This petition for leave to appeal has been filed against the judgment and order dated August 7, 2001 of a Division Ben..

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

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

....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. ...... 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). Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed by the defendant No. 1 against the judgment and decree dated January 16, 1997 ..

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

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......gment and Order dated 22 November 2000 dated 24.01.2001 passed by the High Court Division in Civil Revision No. 1967 of 1999). Judgment Mohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civi..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

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

.... the Code of Criminal Procedure or confessional statements made under section 164 of the Code of Criminal Procedure.  14. Considering the aforesaid facts and circumstances of the case and specially when the case is at the investigation stage, the High Court Division ought not to have enl......han, Additional Attorney‑General, instructed by Ahsanullah Pat‑wary, Advocate‑on‑Record­For the Petitioner‑State. Nitai Roy Chowdhury, Advocate (appeared with leave of the court) instructed by Sufta Khatun, Advocate­on‑Record‑For the Responden..

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

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......p;          Md. Fazlul Karim J.- The co‑applicant in a pre­emption case under section 96 of the State Acquisition and Tenancy Act, 1950 seeks leave to appeal against the impugned judgment and order of the High Court Division affirming the or..

Category: Property Law | Date: 5 May, 2003 | Hits: 141