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Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Abdul Malek, ......nd others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. NI Chowdhury 35 DLR (AD) 127. Lawyers Invol......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-R...... 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney Gene......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......uch deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record For‑‑the petitioner......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... Procedure and the petitioner was released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑Record ‑ For the Petitioner. Not repre......s released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑Record ‑ For the Petitioner. Not represented ‑ the Respondents. ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ...... the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zahir, Senior Advocate, (Md. Ozair Farooq, Senior Advocate with him), instructed by Md. Nawab Ali, Advocate‑......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......8; AIR 1979 SC 1628; AIR 1980 SC 199‑2; AIR 1985 SC 1147 AIR 1988 SC 157; PLD 1965 SC 671 and AIR 1958 MP 393. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior‑Advocate, instructed by SR Khoshnabish, Advocate‑on‑ Record‑For the Appellant. ......others 54 DLR (AD) 88; AIR 1979 SC 1628; AIR 1980 SC 199‑2; AIR 1985 SC 1147 AIR 1988 SC 157; PLD 1965 SC 671 and AIR 1958 MP 393. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior‑Advocate, instructed by SR Khoshnabish, Advocate‑on‑ Record‑F......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ses………….(15) Cases Referred to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Petitioners. AQM Safiullah with Md. Ali Zinnah, Advocates-For the Opposite Pa......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukherjee Vs. Chulai Pashi and another, AIR 1960 (Cal) 40. Lawyers Involved: Fazlul Karim with Khandaker Aminul Huq, Advocates—For the Appellant. Golam Arshad, Advocate—For the Respondents. Appea......Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ernment to avoid recurrence of the mistakes committed by officers making/passing the order of detention..……. (31) Lawyers Involved: Dr. Rafiqur Rahman with Khan Saifur Rahman, Advocates‑ For the Petitioners. SM Emdadul Haque Assistant-Attorney-General- For the Res......desh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....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. ......ts Judgment 26th July 2003 Lawyers Involved: Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for th......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. ......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)
.... 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. ......te............................. Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accused ‑ Appellant. ABM Waliur Rahman Khan, Assistant Attorney General â€...... 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. ...... 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: ......olam Azam 46 DLR (AD) 192; Government of Bangladesh Vs. MS Ispahani 40 DLR (AD) 116. Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by Md. Ataur Rahman Khan, Advocate‑on Record‑For the Appellant. TH Khan, Senior Advocate, instructed by Md. Wahidull......; Government of Bangladesh Vs. ATJ Industries 28 DLR (AD) 120; Farida Aziz Vs. Government of Bangladesh 45 DLR 12; Bangladesh represented by the Secretary, Ministry of Works and others Vs. Helaluddin Ahmed 4 MLR (AD) 140; lqbal Ahmed Qurishi vs. Bangladesh 45 DLR 416; Bangladesh Vs. Professor Golam ......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. ......others.................................Opposite Parties Judgment July 1, 2003. Result: The Rule is made absolute. Lawyers Involved: Mansur Habib with Lutfunnessa Lucky, Advocates- For the Petitioners. Not represented‑ the Opposite Parties. Civil Revisi......b, the learned Advocate for the petitioner, as none appeared for the opposite parties. 6. It is not disputed that Abdul Aziz predecessor-in-interest of 13 decree holder petitioner and Nazaruddin Ahmed, predecessor-in-interest of opposite party Nos.14-28 instituted Title Suit No.96 of 1959 in th......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. ......uan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 Ex. 190; 1985 Crl. L.J 359 (Bom); Marbury Vs. Madison, 2 L.Ed. 60. Lawyers Involved: Akhtar Imam with Syed Mamun Mahbub, Advocates-For Petitioner. Mahbubey Alam with Mahmuda Parveen, Advocates-For Contemners. Ra......llip;……………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (SC) 722; 16 DLR ......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. ..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. ......ed witnesses to be examined for proving it’s case. ……………………….(7) Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md Wahidullah. Advocate‑on‑Record. For the Petitioners. ......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. ......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. ......l remains pending the order of remand by the appellate/higher court made in such a situation cannot be considered unjustified ……… …………..(12) Lawyers Involved: KS Nabi, Senior Advocate, HR Sharif (Advocate with him) instructed by Md. Aftab Hossain, Advocate‑onÂ-Record‑Fo......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. ......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: ......2, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record-Fo......ohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Appellant (In Civil Appeal No.439 of 2001) Vs. Hazera Khatun being dead her...... 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)
....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. ......o an accused of a murder case………..(14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General, instructed by Ahsanullah Pat‑wary, Advocate‑on‑RecordFor the Petitioner‑State. Nitai Roy Chowdhury, Advoc......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. ......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. ......prior to determination of important issues, would not be an illegality. Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑Record‑For the Petitioner ......nt issues, would not be an illegality. Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑Record‑For the Petitioner Mansur Habib, Advocate, instru......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. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141