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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. ......lar material witness was withheld by the prosecution to their prejudice. The learned Counsel also submits that the witnesses examined in the case are related to each other and also to the victim. The law is now settled that mere relationship of the witnesses inter se or relationship with the victim ..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. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 18, 2003. Result: The appeal is dismissed. 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 r..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: ...... into an error in transposing them as the petitionÂers striking out the names of the original petitioners who are none else than the plainÂtiffs and as such the impugned order is not sustainable in law. It is also submitted that the High Court Division totally misconÂceived the provision of law a..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
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. ......r. Jalmahal Alam. On the other hand, due to detachment of the sons of 1st wife of the deceased Mr. Alam, Md Motiur Rahman alias Matin and Md Ali Babul alias Babu Jamai, the 2(two) sons‑in‑law of the deceased Alam were engaged themselves with the business of deceased Mr. Alam and they wer..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. ...... order the petitioner unsuccessfully moved the High Court Division. 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing ..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. ...... affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of..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.......appears from the record that none has filed any petition for prosecution of the informant for making a false complaint or filing a false case and, as such, the Tribunal did not act in accordance with law in directing the Magistrate to file a case under section 17(1) of the aforesaid Ain. 9. The..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
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. ......ring for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank, which is illegal and untenable in law under the present circumstances of the case but also amounts to contumacious disregard of the ..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. ....... Respondents Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
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. ......he information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them mentioning the specific sections of the law. Pursuant to our order the Inspector General of Prisons sent report under Memo No. PD/Pori-25/20..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... stations were submitted with the opinion of the local people, the contesting candidates and considering the convenience and inconvenience of the voters to cast their votes and the maintenance of the law and order situation. Debipur Primary School is a kancha house and there is no pucca structure. O..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
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. ......itution of Bangladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose b..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. ......ownership of the shares. 18. Dr M Zahir and Mr. Ajmalul Hossain, the learned Counsels, appearing for the respondents, have argued that the court has to see whether as a matter of law there was any restriction in refusing to transfer shares. If there was a restriction, whether t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......ever on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16) Cases Referred to- ..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. ......tly, been argued that there is no ingredient of section 6(4) of the Act and, as such, the High Court Division committed error in convicting the condemned prisoners under the aforesaid provision of law. It appears that the High Court Division quoting the aforesaid provision of law observed: ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....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. ......ought to be suitable either by the applicant or by the court. Direction of the company court to the majority share holders to buy the shares of the minority at a valuation is in conformity with the law. ……………….(16 & 19) Cases Referred to- ..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)
....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. ...... attorney given by him in favour of Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jeweller..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects I am of the view that the trial Court committed no error of law calling for any interference by this Court. 10. In the result, this rule is discharged. The..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Category: Others | Date: 8 Feb, 2003 | Hits: 112