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Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ch, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......mmissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence.  Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Md. Nurul Amin, Advocate instru......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......petition is dismissed.  Ed. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan......122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 302; Fokaruddin Mia and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......7) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....d appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and others, 40 DLR (AD) 246; Abdul Matin and others Vs. State, 42 DLR 286; Asiman Begum V......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

.... of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......Ltd & Ors...Respondents  Judgment        January 18th, 2004   Lawyers Involved:  Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner.  Khondker Mahbubuddin Ahmed, Senior Advocate......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......Advocate-on-Record— For the Respondent No, 6.  Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5.   Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).&nb..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....e said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ...... 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-record- For the Petitioner. A......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

....e above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Ruhul Amin J  Abdus Sobhan Mandal (Md)......Petitioner Vs. Md. Jonab Ali Fakir & others ………Respondents  Judgment January 18, ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Ed. ..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....gistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......rate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ...... (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......ly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....ons of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record - For the Petitioners. MA Samad, Senior Advocate, instructed by ASM......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ted by, Md. Aftab Hossain, Advocate‑on‑Record-for the Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober Neogi, Advocate with him), instructed by Md. Nawab Ali, Advocate‑on‑Record-for the Appellants. Khandker Mahbubuddin Ahmcd, Senior Advocate, ...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......n:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....       ......lation of principles of natural justice arises in passing an order of curtailment of the area under his jurisdiction. In Writ Petition No.3654 of 1998 in the case of Bangladesh Vs. Mvi. Syed Mushahid Ali and others (unreported) it has been held that neither the principles of natural justice nor the ...... This Case is also Reported in: 57 DLR (2005) 248.                         ......sp;   ..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....e leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......, 1898 (V of 1898), Section 374   The Penal Code, 1860 (XLV of 1860), Section 320   The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

.... appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Involved: SM Munir, Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Appellants. Abdur Rab Chowdhury, Senior Advocate, instruct......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & or..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

.... the impugned judgment and order. The petition is dismissed. Ed. ......abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding this issue on merit.  Lawyers Involved:  AJ Mohammad Ali Additional Attorney‑General, instructed by Md. Ahsan Ullah Patwary, Advocate‑on-Rec...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J  Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ....................

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....s dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......s…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. Judgment November 10, 2003. Result: The appeal is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by A.K.M. Shahidul Huq, Advocate-On-Record- For the App......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. J..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....bservations this appeal is dismissed without any order as to costs. Ed. ......467; Lesson vs. General Council of Medical Education and Registration 43 Chancery Division 366.   Lawyers Involved:   MA Mannan Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Appellants.   Mahbubul Haque, Advocat......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ion (Civil) Present:   Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J  Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.....

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....reinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Sufia Khatun, Advocate­on‑Record‑For the Appellants (In Civil Appeal Nos. 152 & 155 of 2000). AJ Mohammad Ali, Additional Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Ap...... 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. ......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)

....nbsp; The petition is dismissed.  Ed. ...... Uttara Bank vs. Macnell and Kilburn Ltd. 33 DLR (AD) 298; Gooryonly (BD) Textile Ltd. vs. Chartkar Information Holding Ltd 54 DLR (AD) 70. Lawyers Involved:  AJ Mohammad Ali, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record‑ For t......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. ...... 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

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....h Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment November 1, 2003. ......t once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....dingly the appeal is dismissed.  There is no order as to costs. Ed. ...... to Narendra Sarker, son of Umesh Sarker. Lechu Mondal died leaving sons‑Krishna Mondal and Joy Gopal Mondal. Krishna Mondal sold 1.98 acres of land out of his share to Abdur Rahman and Torap Ali Dewan and delivered possession to them. Torap Ali Dewan sold 0.33 acre of land to Mofazzal and......; 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. ......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