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Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....ruption eating into the vitals of our national life. 6. The saying of George Servile Halifax to the effect "power is so apt to be insolent and liberty to be saucy, that they are seldom upon good terms". It is truly the correct scenario and accordingly, instead of liberty, power gets t......e through the uncharted, rough and choppy sea and fulfil its mission in bringing the ship ashore with all its passengers safe and sound. 29. Before we part with this judgment if we do not put on record our concern and anxiety on the state of affairs created by the circular dated 17-2- 1993 refe......sult: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 o..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....ainst the ad interim order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 2002 directing the appellant No. 2 (Respondent No. 1 in the writ petition) to release the goods imported by the Respondent though the letters of credit mentioned in the writ petition on acce......vocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advocate-on-record-For the Respondent No. 2. Civil Appeal No. 287 of 2004 (From the Judgment and order d......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. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....hman Khan the learned Assistant Attorney General, appearing on behalf of the respondent‑ State, submits that the prosecution has been able to prove its case beyond reasonable doubt by examining the good and satisfactory witnesses. He further submits that the victim was placed for medical examinati......ion report and, as such, the present Case was started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, examined the witnesses and recorded their statements under section 164 of the Code of Criminal Procedure, produced the victim b...... 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: ...... "We are not limited to the lifeless words of the statute and formalistic canons of construction in our search of the intent of the Congress and in construing a statute, we may with propriety record to the history of times when it was passed." (1942) 315 US 262 (L). " 26. From all th......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: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......aneous Appeal No.22 of 1978 and the said appeal was disposed of at the Rangpur Session of the High Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sent the appeal on remand to take fresh ev......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
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. ......'s order dated 14.8.2001 passed in Writ Petition No.3705 of 2001. Subsequently, the petitioner also filed a supplementary affidavit dated 12.12.2001 whereby the contemner No.2 was brought on record as he was acting Chairman of RAJUK on and from 1.11.2001 after the transfer of Mr. Azizul Haq...... They have also denied the fact of serving a lawyer's certificate informing about the passing of the order dated 14.8.2001 and/or serving a certified copy of the aforesaid order through a courier service on the contemner No.1 on 28.8.2001. It is also asserted by them that the petitioner of Writ ..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. ......de amongst the cited witnesses in the prosecution report how many it will examine for establishing its case against the accused persons placed on trial. Moreover, it is not seen from the materials on record that it was the case of the convicts that any particular material witness was withheld by the......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. ..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. ....... The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of......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. ..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: ...... 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: ...... 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: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ently the informant could not specify bow much cash money and gold ornaments were looted by the accused persons and the informant mentioned in the ejahar in details about the recovered cash money and goods and hence the case. 6. It appears that the accused respondents were arrested by t......tigation by visiting the place of occurrence, preparing sketch map, index and inquest report of the deceased and took other necessary steps. The said Sub‑Inspector Delwar Hossain Chowdhury also recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and arre......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. ..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. ......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. ......eration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of the Act. Section 96(5) provides the priorities among t..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......kground of the terms of contracts there was no reasonable expectation of their being permanently absorbed in the employment of the Corporation is also of no merit since materials have been brought on record and particularly the resolution of the 174th Board meeting of the Corporation clearly shows t......ation's permanent staffs and while at work there was no difference between the work actually undertaken on the flights by any permanent stewardesses on the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisation order set out its revised Organisation..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......against the informant (complainant). 3. Being aggrieved by the aforesaid order, the informant has preferred the instant appeal. 4. Heard the learned Advocates of both the sides. Perused the record. 5. Mr. Md. Raziur Rahman Chowdhury, the learned Advocate appearing for the appellants, ......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
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. ......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. ......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)
....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. ......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. ......ng the aforementioned application he did not appear before the court on 15‑7‑2001 and thus, absconded after obtaining bail. The High Court Division has taken the view that the trial Court has not recorded the reasons as required under section 339B(2) of the Code of Criminal Procedure but, in our...... 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. ......including the investigating officer and the 2 others (PWs. 3 and 4) were the Persons connected with the implementation of the project. 6. The trial Court on consideration of the evidence on record upon arriving at the finding that the accused persons did not submit the 3rd Master roll show...... 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)
....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. ......ka. We desire that the committee do co-opt some other representatives from amongst the non-government organizations/ representatives of children organization. 8. Before we part with, we put on record the services of Mr. A. F. Hassan Ariff, the learned Attorney General in rendering able assist......re that the committee do co-opt some other representatives from amongst the non-government organizations/ representatives of children organization. 8. Before we part with, we put on record the services of Mr. A. F. Hassan Ariff, the learned Attorney General in rendering able assistance to us ..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).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......y followed and has become an on going process since 1992 and during the time no discrimination has been made in the promotion of an Executive Engineer to the post of Superintending engineer. From the record we find at least two persons Mr. Aminur Rahman and Mr. Anisur Rahman, who are on equal footin......he equality clause of the Constitution. It is true that there is no right of promotion but it is also true that an employee has a right to be considered for promotion which is a condition, of his service…………………….(23 & 24) ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....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. ......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
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