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Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......ldquo;perfectly valid and appropriate”.  Cases Referred to- Tamizul Haque vs. Anisul Huque 1996 BLD (AD) 206 = BLC (AD) 169. Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Criminal Petit......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......ement there is no error apparent on the face of the record…………………..(34 & 36)  Lawyers Involved:  Rafique-ul-Huq, Senior Advocate, M Moniruzzaman Khan, Advocate with him instructed by AKM Shahidul Huq, Advocate-on-Record&...... of 2002)  Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For the Petitioners (In Civil Review Petition No. 78 of 2002)  Syed Ishtiaq Ahmed, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioners......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......appeal is dismissed.  Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Syed Ishitaque Ahmed, Senior Advocate and Mahmudul ......r Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Syed Ishitaque Ahmed, Senior Advocate and Mahmudul Islam, Senior Advocate (Probir Neogi), Advocate, with him) inst......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ation Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari Lai AIR 1952(SC) 47. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Rokanuddin Mahmud, Senior Advocate (with him), instructed by ASM Khalequzzaman, Advocate-o...... of the Arbitration Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari Lai AIR 1952(SC) 47. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Rokanuddin Mahmud, Senior Advocate (with him), instructed by ASM Khalequzzam......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......nt Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Reco......enior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. ......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh vs. Md. Shafiuddin, 52 DLR (AD) 76. Lawyers Involved:  Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners.&nbs......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Abdus Sobhan Biswas Vs. State, 2002, 31 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: 54 DLR (2002) 556. ......€¦â€¦.Appellant Vs. State………Respondent Judgment August 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respon......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: 54 DLR (2002) 556. ......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: 54 DLR (2002) 556. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... the violation thereof could be availed.   Case Referred to-  Queen Vs. Guardian of the Lewisham Union, 1897, 1 QB 498.  Lawyers Involved:  Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑ For the Petitioner.  N...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... is dismissed. Cases Referred to- Shamsul Alam Vs. State, 6 MLR 297; Kamruzzaman Vs. State, 1990 BLD (AD) 190; 42 DLR (AD) 219. Lawyers Involved: Mujibur Rahman with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—...... more speedy trial and effective punishment of certain grave offences and for matters connected therewith." In the case of Kamruzzaman Vs. State reported in 1990 BLD (AD) 190 at page 193 Shahabuddin Ahmed, CJ observes that "The (Special Powers] Act provides that provisions of the Code [CrPC] shall......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......p;………………………Respondent Judgment July 31, 2002 Result: The Appeal is allowed. Lawyers Involved: Abdul Malek, Advocate- For the Appellants. None appears- For the State. Criminal Appeal No. 281 of 1986 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Depu......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ...... that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16)  Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Petitioners. ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ......; Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved:  KS Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners......ement and any such punishment is governed under rule 3 of the Government Servants (Discipline & Appeal) Rule, 1976. Cases referred to-  Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

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

.... 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. ......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)

....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. ......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. ......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. ......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. ..

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).

....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. ......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...... 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 13, 2002. ......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)

....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. ......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......3 Shailendra Chandra Das and several others executed and registered two Muktipatras on February 6, 1984 and January 5, 1985 in favour of the appellant Nos. 1 and 2 and another by name Haji Siddique Ahmed in respect of the land asserting the same to be the ancestral property of Haji Siddique Ahme......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)

....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. ......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......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)

....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. ...... 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......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)

....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.......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......to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact to her father the informant Ali Ahmed whereupon a salish was held in which the accused Harish and Harun begged pardon and promised n......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