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Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....sp; There is no order as to costs. Ed. ...... Md. Ruhul Amin J: The appeal by the writ-respondents, by leave, has been filed against the ad interim order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 200......or the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advocate-on-record-For the Respondent No. 2. Civil Appeal No. 287 of 2004 (From the Judgment and order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 2002) ......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)
....€‘1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, Barisal, in Nari‑o‑Shishu Nirjatan Daman Case No. 57 of 1996 arising out of GR No. 114 of 1996 corresponding to Gournadi PS Case No. 4 dated 11-10‑1996, convicting him (accused-appellant) under section 6(1) of the N...... 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. ....... Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, ...... 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)
....ts. Ed. This Case is also Reported in: ......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: ...... Advocate, instructed by Md. Wahidullah, Advocate‑on‑Record‑ For Respondent Nos. 1‑2. Not represented‑ Respondent No. 3. Civil Appeal No. 47 of 2000. (From the judgment and order dated 9‑11‑1997 passed by the High Court Division in Writ Petition No. 1320 of 1993). ......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)
.... Ed. This Case is also Reported in: 57 DLR (2005) 307. ......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. ......€‘ the Opposite Parties. Civil Revision No.2603 of 1992. Judgment MM Ruhul Amin J.- This Rule was issued calling upon the opposite party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not be set aside and/or such other or further order or or......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)
....l, (1969) 2 AC 147; Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan 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 Pe......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. ......sued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may b......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)
....ge, Barisal in Sessions Case No. 12 of 1993. The learned Additional Sessions Judge convicted accused Mojibor Rahman alias Lala Talukder, Kalu Kar, Zahed Ali Foreman (Driver), Harun, Tarun, Shahid Hawlader, Shamim Bepari, Hanif Sarder, Md Abdus Sattar Talukder, Rafique Khalifa alias Rafique Faraji an......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. ...... Advocate‑on‑Record. For the Petitioners. Not represented‑ The Respondent. Criminal Petition for Leave to Appeal No. 21 of 2002. (From the judgment and order dated August 7, 2001 of the High Court Division in Criminal Appeal No. 1151 of 1994.) J......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)
....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. ......€¦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 record are......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)
....y order as to costs. Ed. This Case is also Reported in: ......e appelÂlant in Civil Appeal No. 439 of 2001 moved the High Court Division in Civil Revision No. 1967 of 1999 against the said impugned order dated 27.5.1999 whereupon the rule was issued with an ad-interim order of stay of all further proceeding of the said Title Suit. The said appellant, however,......01 passed by the High Court Division in Civil Revision No. 1967 of 1999). Judgment Mohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts ...... 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)
.... Judgment May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession ......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. ......nbsp;Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Criminal Mi......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)
....ed upon him to deposit the consideration money together with compensation 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......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. ......mp; 6(b) A co-applicant, if a co-sharer by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determ......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
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....n. 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. ......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. ......ence between the work actually undertaken on the flights by any permanent stewardesses on the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisation order set out its revised Organisation Chart of Flight Service Department, inter alia, it stated tha......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. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....ent Sikder Maqbul Huq J.-This appeal under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against the order dated 17‑9Â-2001 passed in Nari‑o‑Shishu Nirjatan Aparad Daman Tribunal Case No.395 of 2001 under section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ai......, 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....... State-Respondent. Criminal Appeal No.3689 of 2001. Judgment Sikder Maqbul Huq J.-This appeal under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against the order dated 17‑9Â-2001 passed in Nari‑o‑Shishu Nirjatan Aparad Daman Tribunal Case No.395 of ......, 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...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....tion 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already served. Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate instr......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......nbsp; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....8209;on‑ Record‑ For the Petitioner Sufia Khatun, Advocate‑on‑Record‑ For the Respondent No. 1. Rafique‑ul‑Huq, Senior Advocate (MA Samad, Advocate with him), instructed by Md. Firoz Shah, Advocate‑on‑Record‑ For the...... in the Fourth Court of Assistant Judge, Dhaka, praying for permanent injunction of not giving due notice to them and the Court by an order dated 17th September, 1998, granted an order of ad‑interim injunction directing the parties to maintain status quo until further order. The said banki......able to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an app......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. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....nts 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 Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of ......e convict respondents under section 138 of the Negotiable Instruments Act and issued warrant of arrest. The convict respondents surrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropo...... Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 2. B Hossain, Advocate‑on‑Record‑For Respondent No. 3. Criminal Appeal No. 26 of 2002. (From the judgment and order dated 18‑2‑2002 passed by the High Court Division in Criminal Revision No. 664 of 2001). ...... 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. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....fine of Tk. 52,000/- to Tk. 39,000/-, in default to suffer rigorous imprisonment for 3 months and acquitted two (2) other appellants. The appellant was convicted under section 409 of the penal code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) and was sentenc...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......t and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993). Judgment Md. Ruhul Amin J. - The instant appeal, by leave, is against the judgment and order dated April 28, 1998 of a Single Bench of the High Court Division in Criminal Appeal No.1039 o...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....s. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Order No. 248 of 2003. Judgment A......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. ......(Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Suo Moto Order No. 248 of 2003 Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, At......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. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... Court below issued notices upon the defendant-opposite parties asking them to show cause as to why an order of temporary injunction as prayed for should not be granted and also passed an order of ad interim injunction to the above effect. 5. Written objection was filed by defendant Nos.1, 2, 8......s‑For the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 ......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. ..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).
.... ors.... …….Respondents Judgment March 24, 2003. The Constitution of Bangladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Reti......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Not represented‑Respondent Nos. 2‑17. Civil Appeal Nos. 443 and 444 of 2001. (From the judgment and order dated 2‑7‑2001 passed by the High Court Division in Writ Petition No. 456 of 2001)......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ts shares is not absolute or uncontrolled and must be exercised bona fide and not arbitrarily. But this sub-section is not relevant in the instant case as it is a public company whose shares are traded in the Stock Exchange Commission. Persons buying shares on the open market are led to believe ......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. ......alul Hossain, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate‑on‑Record‑For Respondent No. 2. Civil Appeal No. 40 of 1999. (From the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 19......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. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
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