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Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....r XXXIX rules 1 and 2 of the Code of Civil Procedure for temporary injunction on the above terms till disposal of the suit. The application was heard and was summarily rejected on the ground that the balance of convenience and inconvenience was against the plaintiff.   ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....the concept he is advocating, is already recognised as a general principle of law and applied both by the European Court of Justice and European Court of Human Rights. It aims at maintaining a proper balance between any adverse effect, which the courts decision may have on the rights, liberties or i......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... for sale that after obtaining necessary clearance certificate from Dhaka Improvement Trust, She would execute and register a deed of sale in favour of the plaintiff respondent on acceptance of the balance con­sideration of Tk. 40,000/- (Taka forty thou­sand). Due to disturbance that followed l......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....s that the dispute has been amicably settled as the plaintiff is entitled to US$ 7,14,855.25 out of which the plaintiff received US$ 2,78,276.68 and the money suit has been filed for recovering the balance amount of US$ 4,36,578.50 and as such the High Court Division was totally wrong on premises ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Abdus Sobhan Biswas Vs. State, 2002, 31 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: 54 DLR (2002) 556. ......duced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code and finally submitted charge-sheet against the accused as prima-facie case under section 6(1) of the said Ain was made out. 4...

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... tortured by her father and brother to make a false statement under section 164 of the Code of Criminal Procedure before the Magistrate, Chittagong. The police after investigation submitted charge-sheet on 30‑4‑1995 under sections 4(b), (c) and 9 of the Cruelty to Women (Deterrent Punishment..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. Police submitted charge-sheet against the appellants under section 304 of the Penal Code after investigation of th..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....took loan from the bank and other different persons including the petitioner but the company is a going concern and the question of losing its substratum does not arise in this case. He refers to the balance sheet of December, 1999 and submits that the allegation of inability to pay its debts is not......n from the bank and other different persons including the petitioner but the company is a going concern and the question of losing its substratum does not arise in this case. He refers to the balance sheet of December, 1999 and submits that the allegation of inability to pay its debts is not correct..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....pel a court to take a lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is, what is called the exercise of judicial discretion i......ly, Jhalakati Police Station Case No.25 dated 25‑5‑1999 under section 19(2) of Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 was started. The police after investigation submitted charge-sheet against the accused persons including the accused appellant under section 10(2) of the Nari-o-..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

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.......s found torn. Thereafter, the informant Ali Ahmed lodged First Information Report at Narsingdi Police Station. 3. Sub-Inspector of Police Md. Renu Miah investigated the case and submitted charge-sheet against 6(six) accused persons including the appellant Harish. 4. The case was tried befo..

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.  ...... 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

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. ......mpel her to marry him. Case of the appellant is that his daughter Masuda Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi)..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....o consider themselves to be above the law. Many who are released on bail again perpetrate crime and go beyond the reach of law. The ‘Daily Janakantha’ like the helpless citizens looks for balance in the justice delivery system to redress the imbalance in favour of the weak, the oppressed......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. ......ing informant lodged first information report on 12‑5‑1997 at 12:45 hours upon which Razoir PS Case No.6 dated 8‑5­-1997 was started. 3. Police investigated the case, Submitted charge‑sheet against the convict appellant under sections 6 and 14 of the Nari‑o‑Shishu Nirjatan Daman ..

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.......losing the names of the 4(four) accused persons including the appellant. 3. After lodging of first information report, the police officer SI Md. Shajahan investigated the case and submitted charge-sheet on 9-7-1999 against the accused-appellant Md. Alam under section 9(Kha) and against Monir Hoss..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ...... accepted principles under which tender proposals are evaluated by an Evaluation Committee. The file was withheld and the file produced before us contains only correspondence portion and not any note sheet containing the minutes or processing the proposal of the ETV was also not transparent. 43..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)

.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......rmation report and accordingly, the Sutrapur Police Station Case No. 123(12)99 under section 9(Ka) of Nari‑o­-Shishu Niijatan Ain, 1995 was started. The police after investigation submitted charge-sheet under section 9(Ka) of the aforesaid Act. The case was transferred to the Court of Nari‑o‑..

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......ared a sketch map thereof with separate index and recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and, on completion of the investigation, submitted charge-sheet against the accused-persons under appropriate sections of the Penal Code. 32. From the di..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....demned prisoner in this case is found to have brought materials on record or on the basis of the evidence led by the prosecution, it becomes sufficient to create doubt in the mind of the Court on the balance of probability that the condemned prisoner had mens rea while causing grievous hurt leading ...... started. 3. PW 19 SI Md. Saidur Rahman thereafter investigated into the case and having recorded statements of the witnesses under section 161 of the Code of Criminal Procedure submitted charge-sheet dated 14-12-92 against the condemned prisoner under sections 302 and 324 of the Penal Code. Th..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......PS Case which is in connection with the murder of four national leaders inside the jail on the night following 3‑11‑1975. Thereafter on completion of investigation police submitted charge sheet against this appellant along with others who are now facing trial in the aforesaid Sessions Ca..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83