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Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ......pellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents.  Civil Appeal No. 150 of 2003. (From the judgment and order dated 25‑6‑2001 passed by the High Court Division in Appeal from Orig..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......005 of 1998).  Judgment                  Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division in Writ Petit..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ...... 2982 of 1998).  Judgment                  Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Wri..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 244.                         ...... This Case is also Reported in: 57 DLR (2005) 244.                         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ...... and others reported in 51 DLR (AD) 59.  5. We have considered the submissions and perused the impugned order. It appears that the High Court Division mentioned material excerpts of the judgment of the Appellate Division reported in 46 DLR (AD) 145 and quoted the following:  ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rt Division in Criminal Revision Nos. 5‑8 of 1996 and Criminal Miscellaneous Case No. 1032 of 1996). Judgment Md. Ruhul Amin J.- These appeals, by leave, have been filed against the common judgment dated December 11, 1997 of a Division Bench of the High Court Division in Criminal Revision..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......, Instructed by Md. SR Khoshnabish, Advocate-on-Record—For the Petitioner.  Not Represented—Respondent.   Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 o..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......stant Attorney‑General with him), instructed by Mvi Md Wahidullah, Advocate‑on‑Record­-For the Respondent.  Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition fo..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... (From the Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in First Ap..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......the Appellant. Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition N..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ......udgment                   Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment and order dated October 29, 2003 of a Division Bench of the High Court Division passed in ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......titioners Vs. Md. Afzal Hossain and others ..............................................Respondents Judgment March 14, 2004. Result: The Rule is made absolute. The judgment and order was passed illegally and without lawful authority as-the Corporation is neither a..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......rt), instructed by ASM Khaleq­uzzaman, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent‑State. Criminal Petition for Leave to Appeal No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......by Lord Greene, MR, in the case of Re Welsh Brick Industries Ltd., reported in 1946 2 All England Law Reports, page 197. The above quotation was described by Lord Greene, MR while delivering the said judgment as the statement of the correct taw on the point involved. The same view also has been take..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......lat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat has sentenced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ......                  Md. Faziul Karim J.- The Government of Bangladesh and others seek leave to appeal against the judgment and order of the Administrative Appellate Tribunal Dhaka in Administrative Appellate Tribun..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ts. MI Faroqui, Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑27. Civil Appeal No. 33 of 1998. (From the judgment and order dated 31st August 1997 passed by the High Court Division in Writ Petition No. 322..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......ntions. 28. On authority it can conveniently be posited that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow it. Every judgment must be read as applicable to the particular facts proved or assumed to be proved since the..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ...... Md. Nurul Amin, Advocate instructed by AK Shahidul Huq, Advocate‑on‑Record‑For Respondent No. 1.  Civil Petition for Leave to Appeal No. 1333 of 2002 (From the judgment and order dated 27‑11‑2001 passed by the High Court Division in Civil Revision ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127