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Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....appears from the record that none has filed any petition for prosecution of the informant for making a false complaint or filing a false case and, as such, the Tribunal did not act in accordance with law in directing the Magistrate to file a case under section 17(1) of the aforesaid Ain. 9. The......sed persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint on 17‑5‑2001 in the Court of Magistrate (Cognisance Court No.2), Habigonj against Muktar Mia and Maksud Mia of his village under sections 9(4)(Kha)/30 of the Nari-O‑Shishu Nirjatan Daman Ai...... State-Respondent. Criminal Appeal No.3689 of 2001. Judgment Sikder Maqbul Huq J.-This appeal under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against the order dated 17‑9-2001 passed in Nari‑o‑Shishu Nirjatan Aparad Daman Tribunal Case No.395 of ..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. ...... bail bond. Ed. ......nbsp; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ring for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank, which is illegal and untenable in law under the present circumstances of the case but also amounts to contumacious disregard of the ......rim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents Judgment April 22......able to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an app..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
..... Respondents Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments ......D) 146. ...... Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 2. B Hossain, Advocate‑on‑Record‑For Respondent No. 3. Criminal Appeal No. 26 of 2002. (From the judgment and order dated 18‑2‑2002 passed by the High Court Division in Criminal Revision No. 664 of 2001). ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......l Huq, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. A. H. Amin, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1998. (From the Judgment and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993).......t and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993). Judgment Md. Ruhul Amin J. - The instant appeal, by leave, is against the judgment and order dated April 28, 1998 of a Single Bench of the High Court Division in Criminal Appeal No.1039 o..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....he information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them mentioning the specific sections of the law. Pursuant to our order the Inspector General of Prisons sent report under Memo No. PD/Pori-25/20......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or......(Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Suo Moto Order No. 248 of 2003 Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, At..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
.... stations were submitted with the opinion of the local people, the contesting candidates and considering the convenience and inconvenience of the voters to cast their votes and the maintenance of the law and order situation. Debipur Primary School is a kancha house and there is no pucca structure. O...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......s‑For the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....itution of Bangladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose b...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. C...... Not represented‑Respondent Nos. 2‑17. Civil Appeal Nos. 443 and 444 of 2001. (From the judgment and order dated 2‑7‑2001 passed by the High Court Division in Writ Petition No. 456 of 2001)..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ownership of the shares. 18. Dr M Zahir and Mr. Ajmalul Hossain, the learned Counsels, appearing for the respondents, have argued that the court has to see whether as a matter of law there was any restriction in refusing to transfer shares. If there was a restriction, whether t...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant Vs. Green Delta Insurance Company Ltd. and another .....................Respondents Judgment May 28, 2003. T......alul Hossain, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate‑on‑Record‑For Respondent No. 2. Civil Appeal No. 40 of 1999. (From the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 19..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....ever 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, Advocate‑on‑Record‑For the ......a hostile witness 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......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..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
....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. ......n (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......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). ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16) Cases Referred to- ...... Judgment March 17, 2003. Waiver, Estoppel The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th......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..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....tly, been argued that there is no ingredient of section 6(4) of the Act and, as such, the High Court Division committed error in convicting the condemned prisoners under the aforesaid provision of law. It appears that the High Court Division quoting the aforesaid provision of law observed: ...... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Moinul Haque (Md) and another........Petitioner Vs. State ....................................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..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ought to be suitable either by the applicant or by the court. Direction of the company court to the majority share holders to buy the shares of the minority at a valuation is in conformity with the law. ……………….(16 & 19) Cases Referred to- ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Nahar Shipping Lines Ltd. and another .............Petitioners &nbs......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..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)
.... attorney given by him in favour of Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jeweller......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......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..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....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. ......ismissed. 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..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects I am of the view that the trial Court committed no error of law calling for any interference by this Court. 10. In the result, this rule is discharged. The...... For 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, Dh...... 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 ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... in a judicial proceeding, no criminal proceeding could be initiated on a complaint lodged by the officer concerned under section 195 of the Code of Criminal Procedure. Thus, the basic requirement of law having been violated the appeal by the State before the High Court Division should not have been......898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w...... 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..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
.... has come up with this petition for leave to appeal. 7. Mr. Md. Ozair Farooq, the learned Advocate appearing on behalf of the defendant‑ petitioner, submits that the High Court Division erred in law in decreeing the suit for Specific Performance of Contract in spite of its positive findings tha......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..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147