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Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)

....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ...... Court  Appellate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J  Khandaker Abdul Hannan............................Appellant Vs. Sayara Begum, and another............Respondent   Judgment April......nd.  Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ..

Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....nnual General Meetings of United Commercial Bank Limited ("UCBL") for the calendar year 1998, 1999 and 2000 under the chairmanship of Mr. KZ Alam, Senior Advocate of the Supreme Court of Bangladesh.  2. The facts leading to the filing of this application are that, the share......owdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   ......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......rted in: 56 DLR (AD) 146. ......rocedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter.  Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Appellant...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... ADC (2004) 9. ......from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

....ations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Order No. 248 of 2003. Judgment ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....m and ors.... …….Respondents   Judgment   March 24, 2003.   The Constitution of Bangladesh 1972, Article 102   Bangladesh Agricultural Development Corporation, ......   KM Hasan J   Md. Fazlul Haque J    Motiur Rahman and others..............Appellants   Vs.   Chowdhury Md Mahfuzul Islam and ors.... …….Respon......ration of the same and the said administrative instruction will be as effective and binding as statutory rules and have precision of the rules and force of law. He has referred to Pakistan vs. Sheikh Abdul Hamid PLD 1961 SC 105 to submit that following decisions of this court administrative decision......ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....espondent No. 2 had pledged the said 22,000 shares to IFIC Bank Ltd. Motijheel Branch, Dhaka, as part of the security for a bank guarantee provided by IFIC Bank Ltd for Taka 25 lac favouring Biman Bangladesh Airlines. Respondent No. 2 wrote on 31‑12‑1993 to IFIC Bank Limited informin......; Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   ......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....nner. Ed. ......M Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......................Respondent   Judgment March 2......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....dassir Husain J   AS Ahammed J   Syeda Mazeda Khatun.......Petitioner          Vs.   Bangladesh Shilpa Rin Sangstha ...........Respondents   Judgment   ......   Syed JR Mudassir Husain J   AS Ahammed J   Syeda Mazeda Khatun.......Petitioner          Vs.   Bangladesh Shilpa Rin Sangstha ...........Respondents   ...... Cases Referred to-   Narendra Chedda vs. Union of India AIR 1986 SC continued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Mazid vs. Mushafi Ahmed 17 DLR SC 131 ref. (10, 11, 16 & 17)   Lawyers......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......resent: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Moinul Haque (Md) and another........Petitioner Vs. State ................................. Respondent   ...... and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advocate (Kazi Shahadat Hossain, Advocate with him) Instructed by Md Nowab Ali...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ents of the company matter be purchased by the present respondents or be sold in the open market at the price fixed by the court and the company matter; respondent No. 7, Investment Corporation of Bangladesh provide certified copies of the certificate of Incorporation of the Memorandum and 'Arti......etitioners                               Vs. Homera Ahmed and others .......................Respondents   Judgment ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....il) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J  Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent   Judgment &n......late Division (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J  Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent  ......LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR 1982 Cal 92. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record–......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)

....e Rule absolute.  2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the......ivision (Civil)    Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J  Commissioner of Customs, Customs House, Dhaka and others………. Petitioners Vs. Cieng Tong Chong…………..Respondent  Judgment 5th March 2003&nb......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ..

Category: Others | Date: 5 Mar, 2003 | Hits: 114

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

..... ......) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Judgment February 8, 2003. Resul......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......sp;    Abul Hossain (Md) ……………………Appellant         Vs.   State…………………&h......bsp; ldris Ali vs. State 1986 BLD 7= 38 DLR 270; 20 DLR 109; Abdur Noor alias Noor Miah vs. State PLD 1958 (Dacca) 145 = 9 DLR 312; Crown vs. Meher Ali, PLD 1956(FC) 106 = 8 DLR (FC)47; Sheikh Abdul Mazid vs. State of Delhi, AIR 1955 SC 196; Siddique Ahmed and others vs. State, 37 DLR 223; Go......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Mohammad Fazlul Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and......Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Mohammad Fazlul Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agricult......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....   (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge an......   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge and Additional Artha Rin Adalat & others...Respondents ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....office is made undesirable from the administrative point of view.   Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260.   ......min J   KM Hasan J   Md. Fazlul Haque J    Abdur Rashid (Md) ...............Petitioner   Vs.   Local Government Rural Development and Co­operatives, Local......ctions and duties and his continuation in the office is made undesirable from the administrative point of view.   Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (20......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....lul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value A......ellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......min J   Syed JR Mudassir Husain J   AS Ahammed J    Alfazuddin Ahmed ........Appellant   Vs.   Abdur Rahman and others.................Respondents ....... Abdur Rouf vs Ahmuda Khatun 33 DLR (AD) 323; Md Jabed Ali vs Rakhal Chandra Mondal 33 DLR (AD) 309; SM Basiruddin vs Zahurul Islam Chowdhury and another 35 DLF, (AD) 230; Shafiuddin Chowdhury vs Md Abdul Karim and others 52 DLR (AD) 41; Sagir Ahmed vs Delwar Hossain 40 DLR 466; Monoranjan Banik &a......emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81