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Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....t keeping it on the record will be legally wrong. The contention that the court has gone wrong in the application of law to the facts or the exposition of law to the facts or the exposition of law is erroneous (unless it lays down a bad law) or that inference is drawn on appraisal and appreciation o...... Lawyers Involved: Rafique-ul-Huq, 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. Naw..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. ......n that the Judges of the High Court Division themselves compared the signatures of the respondent No. 2 on Exts. 1 and 2 and came to the conclusion that the signatures were identical. However in view of the above submission we examined the signatures of the respondent No.2 on the aforement..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....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. ......d that the suit was barred under section 7 of the Arbitration Act, 2001 hereinafter referred to as the Act and the other one under section 10 of the Act for stay of further proceedings of the suit in view of the arbitration clause in the contract and for reference of the dispute arising out of or in..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....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.......tructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......dealt with in writ jurisdiction. Reference in this regard may be made in the case of Sardar Jan‑e‑Alam vs. Arab Bangladesh B and others reported in 4 BLC (AD) 178. 8. In that view of the matter we do n any substance in the submission of the Counsel for petitioners for our in..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
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. ......he victim who knew the accused from before, and who used to address him as kaka (uncle) is sufficient in the absence of other evidence against her character to treat her statement as being true. This view finds support in the decision reported in 1999 BLD 307 = 51 DLR 154 [Al-Amin Vs. State] where a..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....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. ......eld that without compliance with the provisions of sections 87 and 88 of the Code, the Tribunal cannot have any reason to believe that the accused person is absconding or concealing himself and in view of the provisions of section 29 of the Special Powers Act the provisions of sections 87 and 88..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....ect or indirect substantive evidence of other P.Ws. as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set asid......occur due to wrong application of medicine or crude medicine application admitting further that he did not find any injury on the tissue of the body of deceased nor on any internal organ. 19. In view of the evidence discussed above we are unable to agree with the finding of guilt of the appella..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. ......med that his Lordship found the miscellaneous case maintainable, otherwise his Lordship would not have made the Rule absolute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in accordance wit..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ed the judgment of the Court of appeal below upon reversing the judgment and decree of the trial Court without considering the total materials on record and that the appellate Court arrived at the erroneous decision upon the wrong presumption on a false and forged power of attorney which is not ...... of the case and the evidence on record, and that particularly the fact that the plaintiffs are in possession of the suit land since 1963 by virtue of the registered power of attorney, I am of the view that the plaintiffs have acquired a right to the 'A' scheduled property at least to protect th..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. ......d Appeal) Rules, 1976. High Court Division also considered the decision in the case of Dr. Islam vs. Government of Bangladesh, 33 DLR (AD) 201. In the aforesaid premises, we are of the view that the High Court Division has considered the case of the petitioners quite legally and righ..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. ...... found that the plant and the machineries are beyond repairs, it declined to pay, although so agreed in good faith in the MOU dated 2‑6-2000, that the machineries were worth the said price. In that view of the matter he submits that the alleged debt as appearing from the three cheques does not sig..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....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. ......orroborated by P.W.4 and P.W.8 rather each of them gave contradictory statements. The contradiction in the evidence of the prosecution witnesses casts a serious doubt in the prosecution case. In that view of the matter the accused appellant is entitled to be acquitted on the ground of benefit of dou..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... notices impugned being not in conformity with the notices as prescribed by Rule 3 of the Rules for taking over possession of a property which is said to have been an abandoned property we are of the view that the same being not legally sustainable is to be struck out." 5. The ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... the executant thereof does not saddle him with the liability of committing forgery or that of making a false document. In the background of the discussion made hereover we are of the view that the High Court Division as well as the courts below were in serious error because of the ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......rits of the suit which could be avoided", but learned Single Judge of the High Court Division himself made the same mistake in holding absolutely on no basis to the effect that "I am of the view that the reasons on which the order of shifting of the school was made that there is insufficie..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... does not make confession and if the accused is sent back to the police custody after recording of confession, in such a case obviously the voluntary nature of the confession stands vitiated. Similar view has also been held in the case of Waris and others Vs. State reported in 1982 Pakistan Criminal..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....he file, inasmuch as the records before the court do not warrant such observation and which has no nexus with the materials on record. 35. He has further argued that the High Court Division erroneously observed that the relevant files were not produced and/or withheld inasmuch as the call...... to send this agreement to the Ministry of Law. The fees mentioned in the co-site agreement were very nominal and was a great loss to BTV. It is further stated that terrestrial transmission can be viewed all over Bangladesh and a satellite transmission can be viewed by about 20% population of th..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......ষের বিরুদ্ধে চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী পাইতে পারেন কি? 3. The High Court Division was of the view that issue No. 2 was the main issue to be decided in suit for permanent injunction and there wa..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164