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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. ......al) 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. Lawyers Involved: KS Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate&......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. ......................Petitioner Vs. Homeland 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 ......t take any effective step to redeem its debt owed to the petitioner. It is true that the petitioner filed a separate case under section 138 of the Negotiable Instruments Act but on examination of the Order sheet of CR Case No.882 of 2001 in the Court of Metropolitan Magistrate, Dhaka (Annexure 7),..

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. ......peal is allowed. Cases Referred to- Abul Kalam and others 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. ......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. ......llip;…………………...(6) Case Referred to- Buxly Paints (Bangladesh) Ltd. vs. Bangladesh, 31 DLR (AD) 266. Lawyers Involved: Fida M Kamal, Additional Attorney‑General instructed by Md. Ataur Rah......hrafuddin Ahmed................Respondent Judgment July 13, 2002. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882..

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. ...... LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai 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. ...... H Khan, Assistant Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on-Record-For the Respondent. Criminal Appeal No. 22 of 1997. (From the Judgment and Order dated November 4, 1996 passed by the High Court Division in Criminal Revision No. 732 of 1996..

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. ......g functions in connection with the affairs of the 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 Petitio......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. ......n a case can not do any act to bring about a change in 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,......dgment July 3, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring abou..

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....... Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 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 Priso......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)

.... 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. ......ellip;………………….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and e......pparatus by the letter dated 29-11-1999. This letter, as referred to at Para 30 of the writ petition, was issued by the Frequency and Wireless Board. It is further stated that in the Import Policy Order 1997-2002, schedule 1 HS heading No. 85.85 it is provided that wireless telegraph apparatus c..

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

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

....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. ...... The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 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......ave to Appeal No. 262 of 2002. Judgment Mainur Reza Chowdhury CJ.- This leave petition by the defendant‑Petitioners is directed against the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff r..

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

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

....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. ......adesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker 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 instru......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

....tan we had our first Constitution in 1956 which incorporated Article 176 empowering the Supreme Court and the High Courts to deal with the contemners. The above Constitution was abrogated in 1958 and Martial Law was proclaimed. Thereafter, we had for the second time a Constitution in Pakistan in 196......squo;s case (1871) LR 9 QB 230, 234, re William Thomas Shipping Co. Ltd [1930] 12 Ch. 368, Vine Products Ltd Vs. Green [1966] ch 484, Attorney-General V. The Times Newspaper Ltd. (1973) 3 All England Law Report 54 (H.L.), Pennekamp Vs. Florida (1946) 90 Led 1295 at page 1313, Salimullah 44 DLR (AD) ......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

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......�………..Respondent Judgment May 4, 2002. Cases Referred To- Assaddar Ali and others Vs. State, 1989 BLD 187, 1981 BLD 433, 1984 BLD 44, 1985 BLD 137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advoc......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

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

.... 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.......ammel Hossain J Khondker Musa Khaled 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, Assis...... 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)

....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. ......r proceeding of the execution case cannot be stayed. When 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 Kh......ner Vs. Md. Abdus Sobhan Sheikh and others………….Respondents Judgment April 30, 2002. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upo..

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

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

.... 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. .......................Petitioner Vs. Rajshahi Co-operative Town Society Ltd……….Opposite Party Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossa...... 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).

.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......h were dishonoured, it is a prima-facie case of deception. Moreover 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 H...... 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)

..... 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. ......f settlement has no jurisdiction in deciding the question of abandonment of the case building when 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, Ad................................................Respondents Judgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding..

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

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

....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. ...... given satisfactory explanation for delay in filing 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, ......recorded and the Government claimed the said property. 3. The aforesaid suit was decreed ex parte on 20‑2‑1986 and respondent filed Miscellaneous Case No. 28 of 1986 under Order IX rule 13 of the Code of Civil Procedure which was dismissed on contest on 19‑6‑..

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

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

....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. ......roved title in the suit property defendant appellant’s claim of 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 Uddi......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

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