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Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....ost and threatened him not to raise hue and cry; that her husband was untied by his brother's son Rafiqul Islam, who came in the house of her husband upon hearing groaning; that Rafiqul Islam having had raised alarm neighbours came and she narrated the incident to them. On the basis of the informati......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......ess is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, A......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
.... Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......tioners. Saleem Ullah Advocate, instructed by MG Bhuyan, Advocate-on-Record‑For the Respondent. Civil Petition for Leave to Appeal No. 21186 of 2001. (From the Judgment and order dated March 4, 2001 passed by the High Court Division in Writ Petition No. 5021 of 1999). ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....r Husain J AS Ahammed J Syeda Mazeda Khatun.......Petitioner Vs. Bangladesh Shilpa Rin Sangstha ...........Respondents Judgment ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......ted by AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th June 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 46 of...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....R (AD) 311; Saidur Rahman Neuton and others vs. State 45 DLR 66; Siraj Mal and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advoc...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......lah Patwary, Advocate-on-Record‑For the Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 162 & 171 of 2001. (From the judgment and order dated 27‑5‑2001 and 28‑5‑2001 passed by the High Court Division in De...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....of the company matter be purchased by the present respondents or be sold in the open market at the price fixed by the court and the company matter; respondent No. 7, Investment Corporation of Bangladesh provide certified copies of the certificate of Incorporation of the Memorandum and 'Articles ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......d‑ For Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8‑13. Civil Petition for Leave to Appeal No. 1382 of 2002. (From the judgment and order dated 4 December 2001 passed by the High Court Division in Matter No. 151 of 1997). Ju......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
.... Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent Judgment &......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......Attorney‑General, instructed by Ahsanullah Patwary Advocate‑ on‑Record-For the Respondent. Civil Petition for Leave to Appeal No. 1049 of 2002 (From the judgment and order dated 15th April 2002 passed by the High Court Division in Matter No. 2 of 2000). Jud......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....e absolute. 2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the writ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ....... Mahbudul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 523 of 2002 (From the judgment and order dated 6th January 2002 passed by the High Court Division in Writ Petition No. 5364 of 2001).&n......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
.....C.C. Judge, Dhaka in S.C.C. Suit No.15 of 2000. 2.The Opposite party as plaintiff instituted S.C.C Suit No.15 of 2000 in the 3rd Court of the Senior Assistant Judge and S.C.C. Judge, Dhaka impleading the petitioner as the defendant praying for eviction of the defendant from the suit premises a......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ...... the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dhaka ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....upreme Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent ......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......‑For the Appellants.
Abdur Razzaq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑For the Respondent.
Civil Appeal No. 51 of 2002.
(From the judgment and order dated 9‑11‑2000 passed by the High Court Division in Writ Petition No. 5233 of 2000).
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....iminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are that one Jetindra Nath Paddar, Inspector, District Anti‑Corruption Bureau, Satkhira, lodged a first information report......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... by Mr. Ahsanullah Patwary, Advocate‑on-Record‑For the Respondent. Criminal Appeal No. 23 of 1999. (From the judgment and order dated 19‑2‑1998 passed by the High Court Division in Criminal Appeal No. 20 of 199......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....e property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record ‑ For the P......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......cate, instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the High Court Division in First Appeal No. 122 of 1992). Jud......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
.... without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......l Islam Bhuiyan, Advocate-on-Record- For the Respondents. Civil Appeal No. 315 of 2001. Judgment Md. Ruhul Amin J.- This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 o......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Add...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......n the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....blic representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the administrative point of view. Cases Re...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Md. Ruhul Amin J.- This petition for leave to appeal by the writ‑petitioner is against the order dated August 26, 2002 of a Division Bench of the High Court Division in Writ Petition No. 3668...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....arim J
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added ......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......te with him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal N......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....jan Banik & another vs Nitya Ranjan Karmakar and others 1987 BLD (AD) 122 = 39 DLR (AD) 75; Ismail Sarkar vs State 33 DLR 320; Begum Khodeza Akhter vs Hajera Khatun and others 37 DLR (AD) 212; Haladhar Dutta vs Abdul Rab 36 DLR 193; EM Trading Corporation vs ST Construction 36 DLR (AD) 213. ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ...... Md. Ruhul Amin J.- This is an appeal, by leave, by the pre‑emptee (pre‑emption was sought under section 24 of the non-agricultural Tenancy Act, 1949) against the judgment and order dated July 2 1, 1991 of a Single Bench of the High Court Division in Civil Revision No. 523 of......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....; (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......n, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 98 of 1999. (From the Judgment and order dated October 26, 1998 passed by the Administrative Appellate Tribunal in Appeal No. 9 of 1998......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....case. It has been further contended that the seized 2 arms were found with the other 2 accused‑persons and the appellants were convicted assuming their constructive possession thereof which is bad in the eye of law. 7. Mr. Malek lastly, contended that the prosecution to prove the ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......wab Ali, Advocate‑on‑Record‑For the Appellants. Ex parte‑The Respondent‑State. Criminal Appeal No. 26 of 2001. (From the judgment and order dated 29‑6‑2000 passed by the High Court Division in Criminal Miscellaneous Case N......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... 1999 and Criminal Revision No. 2001 of 1999 under section 561A of the Code of Criminal Procedure. In Criminal Revisional No. 293 of 1999 and Criminal Miscellaneous Case No. 359 of 1999 Rules were made absolute whereas in Criminal Miscellaneous Case No. 1856 of 1999 and Criminal Revision No. 200......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......eal No. 18 of 2000). Ex‑Parte‑Respondent. (In Criminal Appeal Nos.12, 17, 21 & 22 of 2000). Criminal Appeal Nos. 12, 21 and 22 of 2000. (From the judgment and order dated 23‑6‑1999 passed by the High Court Division in Criminal Miscellaneous Case ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... the discretion of the trial court to cancel the bail for its misuse.…(27 & 28) Cases Referred to- Khalid Saigal vs State, 14 DLR (SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghula......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......shan, Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. Criminal Appeal No. 20 of 2002. (From the judgement and order dated 4th June, 2001 passed by the the High Court Division in Criminal Revision No. 1965 of 1......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
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