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Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....and be released at once if not wanted in connection with any other case. Ed. ......thing but moral conviction not supported by any legal evidence………………………(12) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respo......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Jud..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....erence. The petition is accordingly, dismissed. Ed. ......t not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Involved: Md. Nawab Ali, Advocate-on‑Record‑For the Petitioner. Not Represented‑Respondent. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Since the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Invol..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
.... appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......l) 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, 2......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. ...... 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. ......py of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......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. ......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)
....te, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... 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 Cr......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... 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)
.... Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... defendants, thereafter, transferred their purchased property in favour of defendant nos.6-12. (d) Defendants instituted a suit being Title Suit No.39 of 1984 through Defendant no.2. Md. Zulfiquer Ali Talukder for declaration of title and decree of permanent injunction. (e) Defendants after cr......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. ......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
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....; Ed. ......he Penal Code and sentencing them to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6 months more and petitioner Amjad Ali under sections 467/109 of the Penal Code and sentencing him to suffer rigorous imprisonment for ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
.... appellant fails to deposit the amount within 15 days from the date. Ed. ...... in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zahir, Senior Advocate, (Md. Ozair Farooq, Senior Advocate with him), instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Rafique‑ul Huq, S......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....nd the suit is dismissed. There is no order as to costs. Ed. ......r Mahbubuddin Ahmed, Senior‑Advocate, instructed by SR Khoshnabish, Advocate‑on‑ Record‑For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Respondent No. 1. AJ Mohammad Ali, Additi......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. ...... 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
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....erred to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Petitioners. AQM Safiullah with Md. Ali Zinnah, Advocates-For the Opposite Party. Civil Revision No.474 of 1991 with Civil Revi......d to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Petitioners. AQM Safiullah with Md. Ali Zinnah, Advocates-For the Opposite Party. Civil Revision No.474 of 1991 with Civil Revision......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......so Reported in: 57 DLR (2005) 245.
......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.
......
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)
....dgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......dant failed to show that they paid rent up to date the court below has rightly decreed the suit. In support of his contention the teamed Advocate for the respondent has referred to the case of Ramjan Ali Mistry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein it was held: "point of....... 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. ......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
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
.... is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......lqbal Ahmed Qurishi vs. Bangladesh 45 DLR 416; Bangladesh Vs. Professor Golam Azam 46 DLR (AD) 192; Government of Bangladesh Vs. MS Ispahani 40 DLR (AD) 116. Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by Md. Ataur Rahman Khan, Advocate‑on Record‑For ......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
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....Court Division. Accordingly, the petition is dismissed. Ed. ......is dismissed. Ed. ......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ding in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......, Dhaka moved the High Court Division for bail in Criminal Miscellaneous Case No. 9916 of 2002 and the High Court Division granted bail to the accused respondents Md Matiur Rahman alias Matin and Md. Ali Babul Hassan alias Babu Jamal mainly on the ground that the case is based on the circumstantial ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......sp; Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Crimina..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
..... The petition is dismissed. Ed. ......der passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illegality. Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instruct......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Judgment May 5, 2003. The State Ac..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
....Reported in: 55 DLR (HCD) (2003) 588.......nvestigation, submitted final report, Annexure-B, under section 173 of the Code of Criminal Procedure stating, inter alia, that the case was the outcome of misunderstanding between the parties. Anwar Ali, husband of victim Hosnabanu, filed report which came before the learned Nari‑o‑Shishu Nirja......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......sed persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint on 17‑5‑2001 in the Court of Magistrate (Cognisance Court No.2), Habigonj against Muktar Mia and Maksud Mia of his village under sections 9(4)(Kha)/30 of the Nari-O‑Shishu Nirjatan Daman Ai..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....y served out. The appellant is discharged from his bail bond. Ed. ...... appellant by reducing the sentence to the extent of period of imprisonment already served. Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Appellant. Mvi. Md. Wahidullah, Advocate&#......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Record‑For the Appellant. Fazlul Karim, Senior Advocate, instructed by F...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......D) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. .............................................Respondent Judgment April 12, 2003. Result: The Appeal is allowed. Lawyers Involved: Anisul Huq, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. A. H. Amin, Advocate-on-Record-For the Respondent. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......l Huq, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. A. H. Amin, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1998. (From the Judgment and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993)...Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
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