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Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)

....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......nu was arrested on 6-2-2002 by the local police in connection with Kamrangirchar Police Station General Diary No. 231 dated 6-2-2002 under section 54 of the Criminal Procedure Code and thereafter the order of detention dated 12-2-2002 was issued by the learned District Magistrate, Dhaka under sectio...... such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......DLR (2002)392...

Category: Criminal Law | Date: | Hits: 22

Chairman, Governing Body, Bangladesh Rifles School and College Vs. Chairman, Governing Body, Bangladesh Rifles School and College Vs. Md. Gholam Kibria and others, 2010, 39 CLC (AD)

....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497.......vocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 20 of 2007. (From the judgment and order dated 29.03.2005 passed by the High Court Division in Writ Petition No.1911 of 2004.) Judgm......re shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497....... 2. By the aforesaid Memo, the Inspector of Schools directed the Principal of Bangladesh Rifles School and College to implement the order of the Arbitration Committee i.e. to reinstate the writ-petitioner. 3. The writ petition was filed stating inter alia, that the writ-petitioner joined in the B..

Category: Employment/Service Law | Date: | Hits: 133

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.89 of 200......r leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......zammel Hossain J Surendra Kumar Sinha J Managing Director, Bangladesh Krishi Bank, Head Office, 83-85, Motijheel Commercial Area, Dhaka-1000 and another....................................Petitioners Vs. Gopal Chandra Nath and others..............................Respondents Judgment ..

Category: Administrative Law | Date: | Hits: 258

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......lant No 1. Zahid Hossain alias Paltu 2. Jalal 3. Helal and 4. Manjur and Criminal (Jail) Appeal No. 141 of 1985 preferred by convict-appellant Tota are directed against the same impugned judgment and order of conviction dated 12‑8‑1985 passed by the learned Additional Sessions Judge, First Court......d against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......loaded in total 31 bags of boiled and dried coarse and fine (chikon) paddy belonged to the informant, Moslem Ali Howlader (PW 11), Safezuddin Mridha Pridha (PW 13) and Hakim Ali Munshi on the boat of one Abdus Sattar Dakua from Halta for Barisal in order to sell there after husking the same. The boa..

Category: Criminal Law | Date: | Hits: 35

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156....... 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same wit......rred To- Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others, 46 DLR (AD) 174. Lawyers Involved: Moniruzzaman Khan, Advocate‑ For the Appellant. Syed Dastagir Hussain, Advocate‑ For Respondent Nos. 1 and 2. Appeal from Original Decrees No. 304 of 1997 and No.......1984. Further, the Appeal No. 148 of 1999 is also against the same self Judgment and decree dated 14‑9‑1997 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court, Dhaka passed in Cross Money Suit No. 1 of 1994 allowing the appeal. 2. Both the appeals are disposed of by this Judgment..

Category: Civil Law | Date: | Hits: 101

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......n, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. Civil Revision No. 5190 of 2002. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 11‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class ......rred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved: N H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. C......: 55 DLR (2003) 149...

Category: Property Law | Date: | Hits: 31

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......rney- ­General with Shamim Ara Dora. Assistant Attorney-­General‑ For the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No.......against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......t Exhibit 6 with his opinion as to the cause of death. PWs 1, 4, 6 to 8 were cross-examined by defence. 8. After closure of prosecution evidence accused Zakir Hossain, being present at the trial alone was examined under section 342 of the Code of Criminal Procedure and his statement thereunder wa..

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....ital Mobile Cellular Telephone Service in order to provide digital cellular mobile phone services all over Bangladesh, which it did. In order to attract subscribers of its mobile phones Grameen Phone published advertisements in various national dailies as under: (a) No incoming calls should be ch......n Phone by virtue of the said agreement and licence was required to install and place in operation all over Bangladesh the Multi­-station Radio System of Digital Mobile Cellular Telephone Service in order to provide digital cellular mobile phone services all over Bangladesh, which it did. In order ......sult, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......R (2003) 130. ..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......ate-on-Record- For the Appellants. Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-2. Not Represented- Respondent Nos. 3-6. Civil Appeal No. 94 of 2003. (From the judgment and order dated 20.8.2008 passed by the High Court Division in First Appeal No.52 of 1989.) Judgment ......r as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10....... Judgment April 26, 2010. Cases Referred To- Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Hazi Waziullah alias Waziullah Miah and others Vs. The Additional Deputy Commissioner, 41 DLR (AD)97; Joynal Abedin and others Vs. Mafizur Rahman and others, 44 DLR (AD)162; Mohamma..

Category: Property Law | Date: | Hits: 36

Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......, Advocate-on-Record- For Respondent No.1 (In Civil Appeal Nos. 64-65 of 2002). Not Represented-Respondent No. 2 (In all the cases). Civil Appeal Nos. 63-65 of 2002. (From the judgment and order dated 12.7.2000 passed by the High Court Division in First Appeal Nos. 353, 354 and 355 of 199......(2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......12th July, 2000 of a Division Bench of the High Court Division in First Appeal Nos. 353, 354 and 355 of 1995 affirming, those dated 29th June, 1995 of the Subordinate Judge, 2nd Court, Chittagong in Money Suit Nos.44, 45 and 46 of 1994 decreeing the suits. 2. Respondent No. 1 in Civil Appeal No. ..

Category: Business or Commercial Law | Date: | Hits: 212

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......vocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate T......ave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......ul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mominul Islam...................................................Petitioner. Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, ..

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......ice of termination of the tenancy and that the issuance of notice was illegal, as he had paid rents regularly. The plaintiff, however, did not want to receive the monthly rent from the year, 1994, in order to make him a defaulter. As such, the defendant filed House Rent Case No. 19 of 1994 and start......ers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against th......orted in: 56 DLR (2004) 158. ..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......dvocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in Miscellaneous Appeal N......shmadev Chakraborty, Advocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in ......ase is also Reported in: 56 DLR (2004) 155. ..

Category: Property Law | Date: | Hits: 39

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......Appellant. SM Aminul Haque, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 703 of 1998. Judgment Md. Anwarul Haque J.- This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Bagerhat on 6‑4-­1998, in Sessions Case......copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......ltimately, accused Nasir Howlader took the spade and gave two consecutive murderous blows on the occipital region of the head and quickly left the place of occurrence and took shelter in the house of one Delwar Hossain Howlader. Thereafter, deceased immediately was taken to the hospital for treatmen..

Category: Criminal Law | Date: | Hits: 30

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149....... in the Second Court of Subordinate Judge at Sylhet against the 19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-­91 passed in appeal and review in mutation proceedings are ill...... Nurujjaman and others (Md)......................Petitioner Vs. Md. Sajjad Ali and others…………………….Respondents Judgment August 13, 2002 Cases Referred To- Altaf Hossain vs Abbas Ali and another 45 DLR 374; Asker Ali vs Shamsul Alam 4 MLR (AD) 190. Lawyers Involve......2004) 149...

Category: Procedural Law | Date: | Hits: 65

Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)

.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... Dr. Kamal Hossain with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Oppositi......l which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......n registered as Opposition Case No. 1624 of 2000. It appears that after filing of the opposition case the applicant filed counter­ statement in TM 6 whereupon in due course the appellant i.e. the opponent, filed evidence before the Registrar on 1‑3‑2001 but no copy of the evidence was forwarded..

Category: Intellectual Property Law | Date: | Hits: 181

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....cedure inasmuch as the publication of notification required in law for securing their appearance before the trial Court was not made in two national Bengali dailies having wide circulation but it was published in two local Bengali newspapers called Dainak Comilla Barta and the Daily Prantar which we...... that the prosecution has not been able to prove its case against the condemned prisoner Abul Kashem and accused appellant Anowar Hossain Pintu for the following reasons and the impugned judgment and order of conviction and sentence are liable to be set aside: (1) There has been a material contra......alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......in: 56 DLR (2004) 132...

Category: Criminal Law | Date: | Hits: 39

Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)

....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......ation under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 712 Paubo (Kop) B‑2/lbo­-1/94, (8th Part) dated 26‑11‑2002 (Annex......on is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......vision (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. ..

Category: Employment/Service Law | Date: | Hits: 77

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....untry within a very short time. When the immensely popular channel went off the air, concerned citizens from all walks of life expressed their dissatisfaction. Dailies and weeklies at home and abroad published scores of articles, features and news clippings picturing its popularity and the effect it......ant the frequencies and to issue licence(s) in favour of Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been ......w awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ision here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................Respondents Judgment August..

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......evision No. 230 of 2001. Judgment Md. Abdur Rashid J.- The Rule was obtained by defendant No. 1 upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 o...... Ed. This Case is also Reported in: 56 DLR (2004) 87. ......4) 87. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161