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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. ......late Division, was fully satisfied by the judgment debtor‑appellant‑Dhaka University on 26‑8‑1999 upon payment of the entire decretal amount and, as such, the execution case reached its finality and hence became infructuous and the executing Court became functus offic..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. ......f constructing a hospital and thereupon inquiry was held, that the Allotment Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment made to defendant No. 6 was neither improper nor illegal and ..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. ......on 106 of the Transfer of Property Act and asked the defendants to vacate the premises. 4. The defendant-petitioners contested the suit by filing written statement wherein they denied the plaint case and their specific case is that the disputed premises were let out to them on yearly basis from..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. ......since the defendant failed to show that they paid rent up to date the court below has rightly decreed the suit. In support of his contention the teamed Advocate for the respondent has referred to the case of Ramjan Ali Mistry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein it was held: ..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. ......ed to pass an order of detention making the same effective for 30 days from the date of service of the order of detention as was being done since 17‑2‑1993. From the order of detention in all the cases it is found that most of the District Magistrates including the District Magistrates of Dhaka,..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. ......spondent No. 1 in the writ petition) to release the goods imported by the Respondent though the letters of credit mentioned in the writ petition on acceptance of the customs duty and other charges in case so be assessed by the customs authority within 7 days from the date of receipt of the certified..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. ......all be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that the accused-a 'bhanda Peer' of the locality‑ used to persuade the victim t..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: ......rticular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been..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. ......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 orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the petitioners and opposi..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....l with the merits of the case it would be proper for us firstly to dispose of the legal question that has cropped up in this petition which not only touches the merit of the rule but also goes to the root of the jurisdiction of this Court. From a plain reading of the impugned order it appears t......moved on 14.8.2001 and upon hearing the learned Advocate of the petitioner the aforesaid direction was issued by the Court and disposed of the application. It is stated by the petitioner in this case that the aforesaid order dated 14.8.2001 was duly communicated to the present respondent No.1, ..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. ......other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………….(7) Lawyer..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. ......) 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 sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even..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: ......ises the original owner respondent No. 8 entered into a written agreement with him for the sale of the premises on 21.4.1968 and received a sum Tk. 1,50,000/- out of Tk. 3,50,000/-. His further case is that in Title Suit No. 53 of 1973 he got a decree of permanent injunction. 4. Respond..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. ......ther..................... Respondent 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 unde..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. ......p; Md. Fazlul Karim J.- The co‑applicant in a preemption case under section 96 of the State Acquisition and Tenancy Act, 1950 seeks leave to appeal against ..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)
....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. ......ion is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record -For the Petitioner (In both the cases) Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on-Re..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 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.......section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000, by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal, Habigonj directing the Magistrate, Cognisance Court No.2, Habigonj to file a case under section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 against the informant for..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....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. ......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)
....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. ......a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: Rokanuddin Mahmud..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201