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

.... Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others ……………………. Respondents Judgment July 27, 2002. ......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.  ......ondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This petition for leave to appeal is against the judgment and order of July 10, 2001 of a Single Bench of the High Court Division in Civil Revision No. 110 of 19......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)

....bsp; Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents &......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. ......e‑on‑Record‑For the Petitioners. Not represented‑The Respondents.  Civil Petition for Leave to Appeal No. 975‑976 of 2001. (From judgment and order dated 10‑8‑2000. passed by the High Court Division in Writ Petition Nos. 4188 of ......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)

....rs…………………………………………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. Jenefa K Jabbar and Mustafi...... 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. ...... for its use as components for the footwear manufactured by the respondent-company. In this respect it was also agreed that the petitioner would make some advance payment to the respondent-company in order to enable it to construct a factory premises and for taking other necessary steps in this rega...... 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)

..........................Respondent Judgment July 20, 2002. Result: The appeal 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:......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. ......000. Judgment Md. Muzammel Hossain J.— This appeal at the instance of the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai is directed against the impugned judgment and order dated 20-­6‑2000 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati,......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).

....eme Court Appellate Division (Civil)  Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J  Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners......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. ......nior Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Respondent.  Civil Petition for Leave to Appeal No. 1000 of 1997. (From the judgment and order dated 3rd March 1997 passed by the High Court Division in Writ Petition No. 33 of 1988). ......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)

............. Respondent Judgment July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document…&he......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. ......                 Md. Ruhul Amin J.- This Appeal, on obtaining leave, by the convicts is against the judgment and order of November 4, 1996 passed by a Single Bench of the High Court Division in Criminal Revision......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)

....sp;                         Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents   Judgment July 6, 2002. ......ench of the High Court Division discharged the Rule obtained in the aforesaid writ petition upon observing:     "The order per se is not a final order, but an ad interim order subject to the receipt of the instruction from the Ministry of Land with regard to the......pondents   Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102  The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affec......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)

....ut 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, Advocate‑on‑Record‑ Fo......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. ...... Procedure, 1908 (V of 1908), Order XXXIX Rule I   A party involved in 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 Invl......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)

....Reference No. 28 of 1998 with Jail Appeal No. 3032 of 1998 and Criminal Appeal No. 2499 of 1998. Judgment Md. Marzi-ul Huq J. - This reference being Death Reference No. 28 of 1998 has been made by the learned Judge. Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narsingdi under section 374 of......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....... Procedure for confirmation of sentence of death by hanging by neck till his death while convicting Harish under section 6(4) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred b......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)

.... Dr. Chowdhury Mahmood Hasan & others…………………….Petitioners  Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and con...... 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.  ......ate-on-Record—For the Petitioner Not Represented—Respondents. Civil Petition for Leave to Appeal Nos. 504, 510, 516, 617 & 636 of 2002. (From the Judgment and order dated 27-3-2002 passed by the High Court Division in Writ Petition No. 5050 of 2001). ...... 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)

....rt Appellate Division Present: Mainur Reza Chowdhury CJ KM Hasan J Abu Sayeed Ahammed J Sushil Kumar Paik and another ………………Petitioners  Vs. Harendra Nath Samadder and another……….Respondents   Judgment June 24, 2002. Result: The peti......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. ......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 ­respondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit......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. ..

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

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

....ictim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15)  Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun Karmak......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. ......bsp;       Mahmudul Amin Choudhury CJ.- This appeal by leave at the instance of the informant who is the father of victim Masuda Khanam (Hasi) is against judgment and order dated 16‑4‑2001 passed by a Division Bench of the High Court Division in Criminal......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

....5 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SCR 497, Nam......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 ....... However, the learned Attorney-General then submitted that the said statement of Naimuddin did not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in questi......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)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. State……………………………………………………..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. ......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. ......pondent. Criminal Appeal No. 2445 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of the appellant Hobi Sheikh and Ashraf Ali against judgment and order dated 16‑11-­1997 passed by the learned Additional Sessions Judge and Judge, Nari‑o‑Shi......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)

....nts’ house at village Toukata under Nalcity Police Station, Jhalakati. The accused Parul Begum is distantly related to her and she used to reside near the house of the victim. The accused Md. Alam had also dwelling house situated at a distance of about 500 cubits from the house of the victim. On 3...... 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.......r Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishesh Adalat, Jhal...... 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)

....t Judge Sherpur, Bogra in Title Execution Case No. 1 of 1998 staying all further proceedings of the case pending disposal of Other Class Suit No. 90 of 1999 of the same court. 2. The short fact leading to this petition is that the decree‑holder in the aforesaid execution case as plaintiff inst......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. ......Not represented-Respondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 makin......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)

.... 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. ...... application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Ap...... 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).

....r dated 22‑5­2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule.   2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petitio...... interference.   The criminal petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58. ......   Not represented‑Respondent No. 2.   Criminal Petition for Leave to Appeal No. 132 of 2000.   (From the judgment and order dated 22‑5‑2000 passed by the High Court Division in Miscellaneous Case No. 3869 o...... 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)

............Petitioners Vs. Golam Rabbani and others ……...........................................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....... 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.  ......neral, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represented‑ the Respondents. Civil Petition for Leave to Appeal No.777 of 2000. (From the judgment and order dated 8‑3‑2000 passed by the High Court Division in Writ Petition No. 1631 of 1994). Ju....... 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)

.... Civil Revision 3617 of 1995 dis­charging the Rule.  2. The petitioners as the plaintiffs instituted Title Suit No. 333 of 1984 in the First Court of Munsif (now Assistant Judge); Sadar, Chittagong which was renumbered as Title Suit No. 72 of 1985 after being transferred to the s......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. ......itation Act and it is found that the government has 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, Sen......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