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Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 248.                         ......Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Gov..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......r eye‑witnesses should not be discarded, specially in view of the fact that their evidence has not at all been shaken in the cross‑examination………………………….(26)  Cases Referred to:  Md. Abdul Majid Sarker vs State, 40 DLR (AD) 83; Fateh Khan and ot..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......h Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there is nothing to interfere. ………………………(11) Cases Referred to- Mustafa Aziz vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Ra..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. D..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......dinance No. LIV of 1985 and also for the relief that the order dated 24‑10‑2000 passed by the Court of Settlement, Bangladesh Abandoned Building in respect of the said property in Case No. 10 of 2000 to be declared to have been made without lawful authority and of no legal effec..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ...... case was maintainable, as we now find that the case was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ...... the Labour Court to do so High Court Division can send the case on remand to the Labour Court to arrive at such a finding. ……………..(11, 15 & 18)  Cases Referred: Mohd Abdun Noor vs. Platinum Jute Mills Ltd. and another 1978 BSCR 467; Less..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......examination of signature including thumb impression as well as hand writing to the expert or to the person specialized in the examination of signature, handwriting and thumb impression…...(26) Cases Referred to- Moni Begurn vs RAJUK, 46 DLR (AD) 154; Hussain Bakhsh vs Settlement Commiss..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......of 2000 discharging the Rule obtained against the order dated September 19, 2000 (order No. 16 dated 19‑9­2000) of the Court of Senior Assistant Judge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application seeking stay of further proceedings of the said Executi..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ...... for making payment under Letter of Credit.                           Cases Referred:  Uttara Bank vs. Macnell and Kilburn Ltd. 33 DLR (AD) 298; Gooryonly (..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......sh......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan She..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......09;o-Shishu‑Nirjatan (Bishesh Bidhan) Ain, 1995 awarded by the Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997.  2. Prosecution case is that the informant has a shop of bricks and..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......8209;Respondent. Criminal Petition for Leave to Appeal No. 29 of 2002. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Criminal Miscellaneous Case No. 2364 of 2002).  Judgment        &nbs..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......, appellant may get the deed executed and registered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......e is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant Attorney General ‑ For the Opposite Party‑State. Criminal Miscellaneous Case No. 3384 of 2003. Judgment Sheikh Rezowan Ali J. - On an application by the petitioner un..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

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: ......ill exercise its jurisdiction under section 561A when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossai..

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. ......al Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and other..

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. ......e, First Court, Sylhet in Criminal Appeal No 23(IV) of 1990 disallowing the appeal, affirming the judgment and order of conviction 23‑8‑1986 passed by Additional District Magistrate in CR Case No. 1080 of 1986 passed by Additional District Magistrate in CR Case No. 1080 of 1982 convictio..

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. ......in Administrative Tribunal Appeal No. 185 of 1999 dismissing the appeal and affirming the judgment and order dated 6‑9‑1999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128