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Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....ple in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli...... Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002). Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002 ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....eed in respect of the suit house, if read together, imply that prior written permission of DIT is necÂessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not ......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anothÂer.........Appellants Vs. Md. Yusuf Ali Khan and others....................im) instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Jud..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....hat the merit is open for arbitration and committed gross illegality in staying all further proceeding of the suit. The learned Counsels further submitted that the High Court Division was in error of law and fact in holding that the arbitration clause would be still subsisting without considering th......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......vi. Md. Wahidullah, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1 and 3—12. Civil Petition for Leave to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
.... granting of interest by an Arbitrator on the awarded amount this Division reached the following conclusions:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......the learned Subordinate Judge made the award rule of the Court for the awarded amount of Tk. 2,01,52,289.84. The learned Subordinate Judge while making the award rule of the court did not pass any order as to interest on the decreetal amount i.e. on the awarded amount of TK. 2,01,52,289. 84 from..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).
....sdiction and the petitioners instead of availing the alternative and efficacious remedy as provided by the Code have directly come before this Court by way of writ petition which is clearly barred by law. Hence the writ petition is liable to be dismissed on the ground of maintainability. ...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs......‑on‑Record‑For Respondent No. 2. Not represented‑Respondent No. 1. Civil Petition for Leave to Appeal No. 1346 of 2001. (From the judgment and order dated 25th June 2001 passed by the High Court Division in Writ Petition No. 2798 of 1998).&nbs..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
.... the said Ain was made out. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge under the aforesaid section of law and read it over to the accused in the dock to which he pleaded not guilty and demanded trial. ......No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-......2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-Shis..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....mpugned judgment of the High Court Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' lis...... Reza Chowdhury CJ
Md. Fazlul Karim J
KM Hasan J
Md. Fazlul Haque J
Hazerullah …………Petitioner
Vs.
Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents
Judgment
August 7, 2002.
Result:
......
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)
....hly illegal and, as such, the impugned order dated 6‑9‑1998 of framing of charge against the accused appellants without return of service under sections 87 and 88 of the Code is not tenable in law and liable to be set aside. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate for the add......eported in: 55 DLR (HCD) (2003) 536. ......ey-General—For Respondent No.1. Criminal Appeal No.2381 of 1998. Judgment Md. Muzammel Hossain J.—This appeal at the instance of the accused appellants is directed against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....r P.Ws. as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State………&hellip...... the State. Criminal Appeal No. 281 of 1986 And Re-Criminal Appeal No. 46 of 1988 Judgment Md. Abdul Aziz J.- This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....solute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in accordance with the provision of law and no illegality has been committed by the Advisory Board in passing its opinion. The grounds o...... Judgment July 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-Genera......ising of their Lordships Mr. Justice Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ule to Exhibit 1 is of the District of Noakhali. A registered document carries presumption of correctness of the endorsement made therein and that one who disputes the said presumption is under the law required to dislodge the correctness of the endorsement in the registered document. Exhibit I ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€......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..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)
....have arisen out of the same impugned judgment and order dated 10‑8‑2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disposed of by t...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented b......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 ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... served a notice on 2nd June, 2001, under section 138 of the Negotiable Instruments Act, 1881, demanding repayment within 15(fifteen) days and secondly, on 4th June, 2001, served a notice through his lawyer upon the company under section 242 of the Companies Act, asking it, to repay its debt of Taka......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ...... 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..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... submits that there having been no evidence to substantiate an attempt to murder, the impugned judgment and order of conviction and sentence under section 10(2) of the aforesaid Act is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the ac......se 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-Â6‑2000 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati,..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).
..... AP14/Dhan‑7/817/206 dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition im......p; 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 Vs. Kazi Ashrafuddin Ahmed...................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). ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....rcumstances, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Penal Code and so the High Court Division fell into a grave error of law in upholding the conviction and sentence of the petitioners under sections 468/109 of the Pena...... 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..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....nd, Bangladesh and others..........Respondents 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 ......ssed. Ed. ......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..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
.... was made that there is insufficient land at the existing site of the school are baseless reasons" and, in such view of the matter, the findings of the High Court Division cannot be sustained in law. 6. Mr. A J Mohammad Ali further contended that the plaintiff‑respondent has ...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n...... 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..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the alleged occurrence th......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali 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...... 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..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)
....ellip;..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional manda...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......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). ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
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