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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....case and four (4) witnesses stood on the witness box to buttress the case of the Defendants. Some of the documents filed from the side of Defendants-Respondents had not been proved in accordance with law. 10. Syed Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 i......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......esidential, commercial, industrial purpose or for establishment of parks, playing fields and open space for relief of congestion in any area to which this Act extends, Provincial Government might, by order in writing, requisition any property for the Board arid could make such further order as might..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....one month more. 7. Mr. Abdus Sobhan, the learned Counsel appearing for the petitioners in both the petitions, submitted that the High Court Division failed to appreciate the provision of law as contained in section 467 of the Penal Code and also failed to take notice that Champak Lata e...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs....... 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2002 passed by the High Court Division in Criminal Revision No. 121 of ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
.... and, as such, he was not acquitted in the case. The proceeding of the case was rather stopped and the petitioner was released, as trial could not be concluded within the specified period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, di......llate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dis......ucted by M Khaled Ahmed, Advocate‑on‑Record ‑ For the Petitioner. Not represented ‑ the Respondents. Civil Petition for Leave to Appeal No. 1097 of 2002. (From the judgment and order dated 29‑4‑2002 passed by the Administrative Appellate Tribunal in Administrative Appellat..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....s prayed for in the petition for amendment of the execution petition and allowed by the Court. He lastly, submits that the trial Court had no jurisdiction to amend the petition for execution as law does not provide for such amendment." 6. Dr. M Zahir, the learned Counsel ......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......e‑ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 114 of 2002. (From the judgment and order dated 22nd April 2001 passed by the High Court Division in Civil Revision No. 1595 of 2000)...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)
....bsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to regi...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......ation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would n..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....f the Bank who could not give any satisfactory reply. On being confronted by the defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said mon......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......he defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said money orders were refused by the plaintiff Bank. Finding no other alternativ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....two applications one for discharging the Rule and another for vacating the order of stay and the petitioner filed affidavits in-opposition against both the applications. Since common question of law and facts are involved in both the applications as well as the main writ petition, both the appl......
Present:
Md. Tofazzul Islam J
AFM Abdur Rahman J
Amir Ali (Md.).........……………………Petitioner
Vs.
Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………......tha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....ing the plaintiffs to demolish the suit building. The plaintiffs need to rebuild the building by constructing a multistoried building therein and they served a notice upon the defendant through their lawyer on 21‑10‑98 under section 106 of the Transfer of Property Act and as per provision 3(g) o......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&...... damages decreed by the court below for the plaintiffs is against the provision of law. 8. On the other hand, Mr. Golam Arshad, the teamed Advocate appearing for the respondents, submits that in order to get protection against the eviction the defendant must show up‑to‑date payment till the..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
....er a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be su......also Reported in: 57 DLR (2005) 327. ......llip;……Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of de..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....spondent No. 1 filed the aforementioned writ petition seeking declaration that his goods covered by the Letters of Credit (in all thirteen) of different dates have been detained illegally and without lawful authority and for further direction that the writ-respondents be directed to release the good......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel......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) ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....ase of the prosecution is that, the accused-appellant in the night following 10‑9‑1996 at about 2.00 AM forcibly entered into hut of the victim and raped her against her will, while her mother-in-law was sleeping on the verandah on the same hut. The informant was at Dhaka who works as helper of ......tate. 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....... 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, ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....at the writ‑petitioners Ârespondents holding Pakistani passport staying in Karachi in 1971 and there being no material to show that they were stranded in Pakistan, the High Court Division erred in law on wrong assumption of the provision of President's Order No. 149 of 1972 that the respondents a...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea...... 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). ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....fect whether one of the decree holders Abdul Aziz was an Indian National or not. In continuation of the said order the Subordinate Judge disposed of the matter and the learned District Judge erred in law in not admitting the Miscellaneous Appeal No.8 of 1992. 4. Being aggrieved, the petitioners......his 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..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....etitioner in this case that the aforesaid order dated 14.8.2001 was duly communicated to the present respondent No.1, that is, contemner No.1 who was the then Chairman of RAJUK through certificate of lawyers dated 23.8.2001 which was received by the office of the contemner No.1 on 26.8.2001 and the ......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......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..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)
....lar material witness was withheld by the prosecution to their prejudice. The learned Counsel also submits that the witnesses examined in the case are related to each other and also to the victim. The law is now settled that mere relationship of the witnesses inter se or relationship with the victim ......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..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....€¦â€¦â€¦â€¦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 r......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is......€¦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..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... into an error in transposing them as the petitionÂers striking out the names of the original petitioners who are none else than the plainÂtiffs and as such the impugned order is not sustainable in law. It is also submitted that the High Court Division totally misconÂceived the provision of law a......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad 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..............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 ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....r. Jalmahal Alam. On the other hand, due to detachment of the sons of 1st wife of the deceased Mr. Alam, Md Motiur Rahman alias Matin and Md Ali Babul alias Babu Jamai, the 2(two) sons‑in‑law of the deceased Alam were engaged themselves with the business of deceased Mr. Alam and they wer......sp; 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 Crimina......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..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
.... order the petitioner unsuccessfully moved the High Court Division. 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing ......Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Judgment May 5, 2003. The State Ac......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..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)
.... affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman CorporaÂtion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......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..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
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