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Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......d deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7‑1‑1947) he gifted his entire ancestral properties in favour of the defendant No. 11 who got her name recorded in PS and BS Khatians and since then she was in possession of the same. It is also the case......lsquo;Karta’ of the joint family, and his wife defendant No. 11 successfully influenced Roy Mohan to go to Burma in the year 1946, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to acquire the second category pr..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....estore the petitioner to status quo ante and prevent recurrence of violation of the terms of agency. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

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. ......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. ......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

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......t to make order of redemption and that Civil Court has no juris­diction to interfere with the order of the Land Administration Board.  5. The trial Court on the basis of the mate­rials on record dismissed the suit on the finding that the Ekrarnama is a genuine document and that the suit ...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

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

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......of realisation. The trial Court modified the award by deleting the interest on the recoverable amount as awarding of the interest, according to it, appeared to be an error apparent on the face of the record. The learned Judges of the High Court Division set aside the judgment of the Subordinate Judg......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. ......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. ......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. ...... date of suspension dated 16‑5‑1995.  5. On perusal of the impugned judgment, it appears that the High Court Division arrived at a finding on consideration of the materials on record that in the Board meeting of the Intermediate and Secondary Education Board, Jessore, an Enqu......provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural justice shall be applied unless it is specifically barred. But where service rule provides for show cause notice with reasonable opportunity for defence penalty imposed..

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: ......l Ahmed. When one letter head was in disuse and the other was in use. Mr. Nurullah further submits that the debit vouchers Exhibits I and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Exhibit 3, a written statem......tor, their prayer was, however, refused as the question whether the respondents continued to be shareholders of the company or not could be decided only by the company Court. 5. Shortly after the service of notice of the application under section 38 of the Companies Act, the original respondent ..

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

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

....atement. The High court found that the information regarding death of respondent was false and that he is alive and accordingly rejected the application for substitution. This Court with reference to good numbers of decisions of the subcontinent has held that "what has been held in the above ca......about foul play and formed Enquiry Board for investigation into the matter. The Enquiry Board visited the place of occurrence, took statement of persons connected in the matter, examined the relevant records and after observing all necessary formalities submitted report to the effect that the respon......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. ..

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. ......#8209;petitioner on behalf of his grantor Anwarul Islam" discharged the Rule.  8. The learned Advocate-on-Record placed the judgment of the High Court Division and other materials on record and thereupon submits that the High Court Division was in error in not considering the fact t......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. ......ivate interest. Where the rule of law comes in conflict with third party interest the rule of law, will, of course, prevail. In the impugned judgement there is no error apparent on the face of the record…………………..(34 & 36)  Lawyers......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. ..

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. ......age receipt etc. which are generally produced before the court in such cases were produced in this case in support of the plaintiff respondents claim of possession. 15. It appears from the record that the plain­tiffs' claim, of a police outpost in the suit prop­erty is not supported by......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. ..

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

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

....r injury to health causing mental agony and shortening of life expectancy, totaling in all Taka 440,000,000. Plaintiffs offer being firm bid No. F1431 dated 31-9-98 for supply of 97,337 bales of jute goods was accepted by the corporation with modified terms and conditions by its letter dated 29-9-19......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. ......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)

....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....... rule of the court has already been considered by this Division in the appeal and as such the same can not be reagitated in support of the review petition while no error apparent on the face of the record could be pointed out. He also submits that this review petition is also not maintainable sin......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

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. ......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. ......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. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the suggestion of the accused appellant allowed his wife Rashida to accompany the accu......isited the scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code an......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. ...... 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. ...... 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)

....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. ......se has been made out against them as appears from first information report, charge-sheet, statements of witnesses under sections 161 and 164 of the Code of Criminal Procedure and other materials on record. Mr. Khan submits that the accused appellants have preferred the instant appeal challenging......n 241A of the Code of Criminal Procedure and framing charge against them under sections 4(b) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983) without service of summons upon the absconding accused namely, Jamal, Yunus and Abu Bakkar or any return t..

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

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....ol and left after beating. P.W. 2 saw Shaymol coming home walking when he went there and heard about the occurrence from Shaymol and his mother. He brought doctor then went to Pirojpur for bringing a good doctor. He heard after some time that Shaymol died. In cross-examination P.W. 2 stated that bot......ffaloes of Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination P.W. 1 stated that her......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. ......Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Advisory Board on 15-5-2002 illegal as the case records of the detenu or the detenu as the case may be was not placed/produced before the Advisory B......nting judgments have already stated the facts in detail, I do not like to restate the facts just to make the judgment a lengthy one, except the dates of making the order of detention upon the detenu, service of the order of detention, the extension of the order of detention from time to time and the..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2