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Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....eland Footwear Ltd. and ors…………………………………………Respondents Judgment July 21, 2002. Result: This petition is allowed. Lawyers Involved: Dr. M Zahir Senior Advocate with Shah Muhammad Ezaj Rahman, Advocate—For the Petitioner. Imtiaz Mahmud with Sk. Je...... ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....s Vs. Abu Daud Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J K Musa Khaled J Goutam Chandra Das alias Goutam Kumar Das...............Appellant Vs. State.........................................................................Respondent J......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ...... 55 DLR (HCD) (2003) 527. ..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....nbsp; Buxly Paints (Bangladesh) Ltd. vs. Bangladesh, 31 DLR (AD) 266.  Lawyers Involved: Fida M Kamal, Additional Attorney‑General instructed by Md. Ataur Rahman Khan, Advocate-on-Record‑For the Petitioners.  Mahbubey Alam, Senior Advocate, instructe...... Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J  Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................Respondent   Judgment July ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....ammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat 117. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Abdur Razzaque Khan, Additional At......ourt  Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Ibrahim Ali and others.......................Appellant Vs. State ........................... Respondent Judgment July 8, 2002. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....e Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the intermediate steps……(4)  Lawyers Involved: Sharifuddin Chaklader, Advocate‑on‑Record‑For the Petitioners. Not represented‑The Responden......                                 Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents   ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

.... the existing state of things when a case is pending in order to obtain an order of the court showing the changed circumstance.  Lawyers Invloved:  A J Mohammad Ali Senior Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Petition...... Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment   &n......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....ate, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmu......urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment July 1 &a......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....it to leave aside additional procedure which shackles the locus standi and gives standing to the petitioners…….(73)   Lawyers Involved: Rafique-ul Huq, Senior Advocate, (M Moniruzzaman Khan, Advocate with him) instructed by Sharif Uddin Chaklader Advocate-on......yeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………….Petitioners Vs. Dr. Chowdhury Mahmood Hasan & others………………...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)

....In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided.  Lawyers Involved:   Khondker Mahbubuddin Ahmed, Senior Advocate (Prabir Haider Advocate with him) instructed by Md Nawab Ali, Advocate‑on‑Record ‑ Fo......LR (AD) 41. ......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit.  The petition is dismissed with observation.  Ed. This Case is also Reported in: 8 MLR (AD) 41. ......bservation.  Ed. This Case is also Reported in: 8 MLR (AD) 41. ..

Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....aker vs State and others 53 DLR 135; Arun Karmakar vs State 7 MLR (AD) 82 = 7 BLC (AD) 61; Md Sayedul Arefin vs YO Gafur AIR 1916 (PC) 242. Lawyers Involved: Md. Fazlul Karim Senior Advocate Shahidul Islam, Advocate with him instructed by Md. Nawab Ali, Advocate‑on‑Rec...... M Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................     Respondents Judgment ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....tion Ltd. Vs. State of Maharashtra, AIR 1971 SC 221 at P. 230=(1969), 2 SCR 779 at-P 791-2, Brahma Prakash Sharma’s case (1953) SCR 1169=AIR 1954 SC 10, AIR 1978 SC 921, Rachapudi Subba Rao Vs. Advocate General, Andhra Pradesh, AIR 1981 SC 755=1981 (2) SCC 57=1981(2) SCR 320, Registrar of Oris......inal Miscellaneous Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....led J Alam (Md) & another………………………Appellant Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respo...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Khondker Musa Khaled J Alam (Md) & another………………………Appellant Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Inv...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

....the petitioners were parties in the original suit by filing a subsequent suit further proceeding of the execution case cannot be stayed. Lawyers Involved: Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Ataur Rahman Khan, Advocate‑on ­Record ‑For the Petitioner Shahi...... 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)

....e Party  Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party  Civi......Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Abdul Kader Khan……………..................Petitioner Vs. Rajshahi Co-operative Town Society Ltd……….Opposite Party  Judgme...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..

Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3

Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).

....er there is no bar to initiate a criminal case if a civil suit is pending on the same fact.    Lawyers Involved:    Serajul Haque, Advocate, instructed by Md Aftab Hossain, Advocate‑on‑Record‑For the Petitioner. ......bsp; Md. Ruhul Amin J   KM Hasan J    Delwar Hossain……………..Petitioner   Vs.   Rajiur Rahman Chowdhury and another………&hel...... interference.   The criminal petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58. ...... interference.   The criminal petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58. ..

Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

.... a suit challenging the abandoned character of the property is pending in a competent civil Court. Lawyers Involved: A J Mohammad Ali, Additional Attorney‑General, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represented‑ the Respondents. Civil Petiti......late Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J AS Ahammed J Government of Bangla­desh and another ..........................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judg....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)

....the case where there is substantial public interest involved, there is no wrong in passing the order in condoning the delay.    Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Chowdhury AM Zahangir, Advocate‑on‑ Record‑For the Petiti...... (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Hussain J   Abul Kashem & another..................Petitioners     Vs. Government of Bangla­desh and others..........Respondents   Judgment......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ..

Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

.... long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on­ Record‑For the Appellants. ......llate Division (Civil) Present: Mahmudul Amin Chowdhury CJ Ruhul Amin J KM Hasan J AS Ahmmed J Gouri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....uiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petit......Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Ali Ahmed and others.......................Petitioners Vs. Government of Ban­gladesh and others............Respondents Judgment April 8, 2002....... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....14)    Case Referred to-   Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136.   Lawyers Involved:   Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant.   ......te Division  (Civil)   Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgm......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......vil)   Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgment  April 1, 20..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181