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Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... Court is the master of its own procedure and it will exercise both its procedural and substantive discretions only on the ground of justice, equity and good conscience." In the said case Mr. Latifur Rahman, J (as he then was) has observed that the Writ Court being a civil Court though does not poss..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......12; acres of land to Narendra Sarker, son of Umesh Sarker. Lechu Mondal died leaving sons‑Krishna Mondal and Joy Gopal Mondal. Krishna Mondal sold 1.98 acres of land out of his share to Abdur Rahman and Torap Ali Dewan and delivered possession to them. Torap Ali Dewan sold 0.33 acre of land..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

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

....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul ..

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

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

.... Defendants-Respondents had not been proved in accordance with law. 10. Syed Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 in support of plaint case. 11. A.K.M. Motiur Rahman, Deputy Director, Engineering Department, Plaintiff Bank gave evidence as P.W.2. ...... Defendants-Respondents had not been proved in accordance with law. 10. Syed Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 in support of plaint case. 11. A.K.M. Motiur Rahman, Deputy Director, Engineering Department, Plaintiff Bank gave evidence as P.W.2. ......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. ......d Salahuddin - For Proforma-Defendant-Respondent No.5. Mahbubey Alam, with Md. Mozammel Hossain and Harun-or-Rashid, Advocate - For Respondent Nos.6-12. Md. Zakir Hossain with Khandker Khaliqur Rahman and Narayan Chandra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 20..

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. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......passed by Additional District Magistrate in CR Case No. 1080 of 1986 passed by Additional District Magistrate in CR Case No. 1080 of 1982 conviction the petitioners Abdul Jalil, Abdus Salam and Abdur Rahman under section 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 2..

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

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

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

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

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

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.   ......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.   ......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.   ...... This Case is also Reported in: 57 DLR (2005) 245.   ..

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

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......This Case is also Reported in: 57 DLR (2005) 327.     ..

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

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

....;Appellants Vs. Md. Matiur Rahman and another………………………Respondents  Judgment 26th July 2003  Lawyers Involved:  Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attorney General, with him) instruc......;Appellants Vs. Md. Matiur Rahman and another………………………Respondents  Judgment 26th July 2003  Lawyers Involved:  Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attorney General, with him) instruc......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. ......n J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another………………………Respondent..

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. ...... 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. ...... Vs. State............................. Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accused ‑ Appellant. ABM Waliur Rahman Khan, Assistant Attorn..

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: ......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: ......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: ....... Professor Golam Azam 46 DLR (AD) 192; Government of Bangladesh Vs. MS Ispahani 40 DLR (AD) 116. Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by Md. Ataur Rahman Khan, Advocate‑on Record‑For the Appellant. TH Khan, Senior Advocate, instructed by..

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)

....ne 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement C......ne 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement C......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. ......ile carrying out the eviction of unauthorised occupants from Block 'J' at Baridhara. In her reply however the petitioner has come with a new story that one Lieutenant Colonel (Rtd.) M. Lutfar Rahman , Executive Director of M/S Elite Security Services Lim­ited (Elite Force) of House No.14..

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. ......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. ......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. ......inst the judgment and order dated June 13, 1994 of the 2nd Court of Additional Sessions Judge, Barisal in Sessions Case No. 12 of 1993. The learned Additional Sessions Judge convicted accused Mojibor Rahman alias Lala Talukder, Kalu Kar, Zahed Ali Foreman (Driver), Harun, Tarun, Shahid Hawlader, Sha..

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

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. ......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. ......Md. Fazlul Haque J  State ............. Petitioner                   Vs. Md Motiur Rahman & another..................... Respondent   Judgment May 12, 2003. ..

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