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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......d: Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No. 1. Not representedR...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....the High Court Division in First Appeal No. 371 of 1996).   Judgment                   Mohammad Fazlul Karim J.- These two appeals by leave arose out of the selfsame arbitration proceedin......ocate‑on‑Record‑For the Appellant (In Civil Appeal No. 97 of 2000).   Khandkar Mahbubuddin, Senior Advocate, (SM Munir, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Appellant (In Civil Appeal No. 98 of 2000). ...... Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respo......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......bsp; Judgment 16th November 2002  Lawyers Involved:  A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner.  Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-Respondents Nos. 1-2. ......e Court Appellate Division (Civil)  Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J  Deputy Commissioner of Dhaka and others………….Petitioners Vs. Aziz Co­operative Housing Society Ltd. & others……………......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......a Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November 12, 2002. ...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......n Arif, Senior Advocate, (AQM Safiullah, Advocate with him), instructed by Md. Ataur Rahman Khan, Advocate‑on‑Record‑For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From th......urt Appellate Division (Civil) Present: Mainur 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 ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....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. ......), instructed by Sufia Khatun, Advocate‑on‑Record‑For the Appellants. TH Khan, Senior Advocate, (Azizur Rahman, Advocate with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil A...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Government of Bangla­desh and another .........Appellant Vs. MA Khair Bhuiyan............Respondent   Judgment ......Court or Tribunal is brought to its notice. 5. Mr. TH Khan, the learned Counsel appearing for the respondents, submitted that the petition for restoration was neither signed by the Secretary, Internal Resources Division/Chairman, NBR nor by any high ranking authorised officer but ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......ure is “perfectly valid and appropriate”.  Cases Referred to- Tamizul Haque vs. Anisul Huque 1996 BLD (AD) 206 = BLC (AD) 169. Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Crimi......bsp; Appellate Division (Criminal) Present:  Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents   Judgment ......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....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. ......, Senior Advocate, M Moniruzzaman Khan, Advocate with him instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioners (In Civil Review Petition No. 79 of 2002)  Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For the Petitioners (......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 ………….... Respondent ...... of the technical committee, which is not admissible under the Evidence Act and the proviso of rule 1 Order XIX of the Civil Procedure Code; in referring to and relying upon a letter of the Assistant Secretary of the Ministry of Information dated   13-2-2002   addressed &nbs..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er 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. ......r Rahman Khan, Advocate-on-Record-For the Appellants. Syed Ishitaque Ahmed, Senior Advocate and Mahmudul Islam, Senior Advocate (Probir Neogi), Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2....... (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anoth­er.........Appellants Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment ......004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

.... Civil Petition for Leave to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) Judgment Mohammad Fazlul Karim J.- The plaintiff-petitioner seeks leave to appeal against the impugned judgme......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......llate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....s Case is also Reported in: 1 ADC (2004) 476....... Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, ...... Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment ......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

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. ......ccused threaten her with a knife but she admitted that she did not receive any injury on her body. She further denied having sold 22 decimals of land and receiving any money for it. 13. PW 4 Amjad Hossain another Union Parishad member stated that the victim informed him that the accused took her ......d in: 54 DLR (2002) 556. ......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. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ......ailed.   Case Referred to-  Queen Vs. Guardian of the Lewisham Union, 1897, 1 QB 498.  Lawyers Involved:  Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑ For the Petitioner.  Not represented‑ the Respondents.......vision  (Civil)  Present:  Mainur Reza Chowdhury CJ  Md. Fazlul Karim J  KM Hasan J  Md. Fazlul Haque J   Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Responde...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

.... with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—For the Added-Respondent. Golam Kibria, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For Respondent No.1. Criminal Appeal No.2381 o......e of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......t Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. M Rahman Bhuiyan J Sirajul Islam (Md.) and others………………………………….Appellants Vs. State………………………………………………………………………….Res......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

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 ......Kanti died later on 25-1-86 at about 5-00 PM due to said injuries. His mother Shantoshi Rani Saha (P.W. 1) lodged ejahar at 10-30 PM on 25-1-86 to local police station as above. SI Md.  Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest......Criminal Appellate Jurisdiction) Present: Md.  Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State……………………………Re......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)

....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. ......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. ......scellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents&nbs......aneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents  ..

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.  ...... Involved: AKM Nazrul Islam, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Petitioners. KZ Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No.1. Not Represented‑Respondent Nos. 2â...... 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 ……………………. Respondents Judgment ......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)

....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. ......h Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved:  KS Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners. Not represented‑The......late Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another...... Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents   Judgment ..

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

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

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

....is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the accused appellant should be acquitted of the charge leveled, against him. 6. Mr. Mohammad Abdul Baset, the learned Assistant Attorney-General appearing on behalf of the respondent, ......t record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J K Musa Khaled J Goutam Chandra Das alias Goutam Kumar Das...............Appellant Vs. State.........................................................................Respondent J......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. ..

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