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State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......gum, that on 7‑12‑1999 his daughter Rehana Begum went on a visit to her elder sister's house. Though PW 6 wanted to shield condemned-prisoner but truth came out from his mouth when in unequivocal terms he stated that was true that on 7‑12‑1999 his daughter, Rehana Begum went to the house of .................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... building and the same was duly approved by the RAJUK, that they could not start construction since their application for loan was not processed by the House Building Finance Corporation, that as per terms of clause 3 of the lease deed they were required to make construction within 3 years or within......ts in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......plaintiff’s factory for inspection of the manufactured garments. It came with a company named Ms. Hana Reports for inspection who was although not the designated/nominated inspecting firm in terms of the LC but yet the plaintiff allowed the inspection by them due to insistence of defendant...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......overnment as enemy property, later on vested property. 14. It is seen from the judgment of the High Court Division that the said Division was of the view that RS record was prepared in terms of the provisions as are in Chapter IV of Part IV of the Act and thereupon expressed the view......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......paid and approached for extension of time for payment. So, from the conduct of the parties it is clear to us that time was not essence of the contract. Moreover, we find that the defendant beyond the terms of the contract took a plea of execution of two deeds of taka one lac each. In view of this po...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003...Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......referred the instant application under section 561A of the Code of Criminal Procedure and obtained the present Rule. 5. Mr. Harunur Rashid, the learned Advocate for the petitioner, submits that in terms of the provisions of section 27 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 the Tribunal......d calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shi..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....84 BLD (AD) 7 wherein it has been held: "Section 561 A may be invoked only for the specific purpose set out in this section and the High Court Division may in appropriate cases exercise its extraordinary power under this section to prevent the abuse of the process of the Court or to meet ......pugned order dated 13‑7‑1997 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No. 72 of 1987. The High Court Division, however, made the Rule disposed of in the aforesaid terms. The first party appellant being aggrieved moved this Court and obtained the leave in this app...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......yment of rents. 44. The Point No.1, (a) stands answered in firm affirmative and Point No.1 (b) is answered in staunch negative. 45. Point No.2: Plaintiff Bank sought reliefs in the following terms: (a) a decree be passed declaring that the land described in schedule-A to the plaint is ac......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ....... 14. The learned Additional Attorney‑General appearing for the respondent Nos. 2‑7 has submitted that choice of utilisation of the land so allotted is not to be weighed in terms of money but is to be weighed in the context of social welfare or in the context of purpose f...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......61,69,201 by sale of the mortgaged properties and on 31‑8‑1997 preliminary decree was passed ordering that in default of the payment of the aforesaid amount of Taka 61,69,201 with interest etc in terms of preliminary decree final decree was passed on 9‑7‑1998 and then to enforce the same the......
Present:
Md. Tofazzul Islam J
AFM Abdur Rahman J
Amir Ali (Md.).........……………………Petitioner
Vs.
Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......make any alteration of a permanent character of the demised premises and that the fruit trees will be under the control of the plaintiffs and it was stipulated that a breach of any one or more of the terms and conditions entitled the first party to terminate the tenancy by giving 3 months notice end......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......on eating into the vitals of our national life. 6. The saying of George Servile Halifax to the effect "power is so apt to be insolent and liberty to be saucy, that they are seldom upon good terms". It is truly the correct scenario and accordingly, instead of liberty, power gets the up......also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......on record as well as facts and circumstances of the case found the accused-appellant guilty for the offence charged and, as such, convicted him thereunder and sentenced to suffer imprisonment for the terms as well as to pay a fine with default clause as mentioned above. The learned trial Court, howe......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......with law. The question is whether the principle of hearing is a part of our law within the meaning of Art. 31 so that failure of it will be violation of fundamental right rendering a decision void in terms of Art. 26. 'Law' does not mean only statutory law; it includes common law or jud......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......991 applied for the post of Flight Stewardess and they having had qualified in the written and viva examination received individual offer, letter of offer, all of dated January 6, 1993 containing the terms and conditions of employment and the writ petitioners accepted the terms and conditions of emp......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ection. 7. Against the judgment of the High Court Division two leave petitions for leave to appeal before this Division were moved and leave was granted on following terms: “Mr Amir‑ul Islam, the learned Advocate for the leave petitioners...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. C..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......learned Counsels of both sides and considered the relevant provisions of the Companies Act of 1913 and 1994 and find that they make a distinction between a private and a public company in identical terms. A private company is defined as a company which, inter alia, "by its articles restricts...... 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..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
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. ......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..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......09;cum‑Typist and at the scale she was serving under IACB and upon her representation she was allowed the title of Librarian under her existing scale of LDA‑cum‑typist under certain terms and conditions. 4. Mr Abdur Rab Chaudhury, the learned Counsel appearing ...... 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..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
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