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Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)

....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment.   The petition is dismissed.   This Case is also Reported in: 53 DLR (AD) (2001) 111.  ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment.   The petition is dismissed.   This Case is also Reported in: 53 DLR (AD) (2001) 111.  ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment.   The petition is dismissed.   This Case is also Reported in: 53 DLR (AD) (2001) 111.  ......nstruments (Amendment) Act, 1994, Section 138 Since a legal notice was served within fifteen days of information of return of the cheques, there was no valid ground for quashing the proceeding. Lawyers Involved: AJ Mohammed Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Reco..

Category: Business or Commercial Law | Date: | Hits: 117

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......lso found that illegality has been committed in not calling for the record of the earlier Title Suit No. 21 of 1968 over which the present suit has been filed……..(4)   Lawyers Involved:   Abul Quasem, Advocate-on-Record—For the Petitioner. ..

Category: Property Law | Date: | Hits: 74

Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Bank and others.............Respondents    Judgment &nbs......nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......nction in the present case.   Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......rt Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injuncted……..(7)   Lawyers Involved:   Rokanuddin Mahmud, Senior Advocate, instructed by AKM Shahidul ..

Category: Civil Law | Date: | Hits: 112

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

.... Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000. The......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......d allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr. M Zahir Senior Advocate (MA Rahim, Advocate with him), instructed b..

Category: Constitutional Law | Date: | Hits: 138

Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)

....d. Gholam Rabbani J   Md. Ruhul Amin J   Habibur Rahman Khan (Md)...................................... Petitioner   Vs.   Bangladesh, represented by the Secretary & other....... Respondents   Judgme......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......eclaration does not put an embargo on the employer to look into the personal record of the declarant to see if the declaration made in the verification roll is correct or not.    Lawyers Involved:   AK Mujibur Rahman, Advocate, instructed by Md. Nawab Ali, Ad..

Category: Employment/Service Law | Date: | Hits: 71

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlocutory matter……(6)   Lawyers Involved:   M Hafizullah, Senior Advocate, (SK Siddique, Advocate with him)..

Category: Intellectual Property Law | Date: | Hits: 224

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......losing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there is no bar in filing a second FIR stating the real cause of death. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record-For the Petitioner &..

Category: Criminal Law | Date: | Hits: 67

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 100. ......court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction.   Lawyers Involved:    Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advo..

Category: Criminal Law | Date: | Hits: 65

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

....;                              Government of Bangladesh and others............................. Petitioners   Vs. &nbs.......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. .......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... 1985 (LIV of 1985), Section 10   Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority.   Lawyers Involved:   B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidu..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

.... and others......................................... Respondents   Judgment   May 30, 2001.   The Constitution of Bangladesh, 1972, Article 102   The Union Parishad (Election) Rules, 1983, Rules ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23)      Lawyers Involved:   Rafique-ul-Huq, Senior Advocate, instructed by Md. Aftab Hos..

Category: Election Law | Date: | Hits: 124

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

....ner Vs. Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents Judgment June 3, 2001. Result: The petition is rejected. The Constitution of Bangladesh, 1972, Article 103 The terms and conditions of compromise are the matters of evidence......fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ...... 1972, Article 103 The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed Sharifuddin Chaklade, Advocate-..

Category: Civil Law | Date: | Hits: 109

Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)

....                  January 14, 2001.   The Constitution of Bangladesh, 1972, Article 103   The miscellaneous case was filed to delay the di......ned judgment.   Accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 90. ......ned judgment.   Accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 90. ......he miscellaneous case was filed to delay the disposal of execution proceedings and to continue unauthorised possession so there is no illegality in the impugned judgment.    Lawyers Involved:   AH Amin, Advocate-on-Record—For the Petitioners. ..

Category: Property Law | Date: | Hits: 51

Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)

.... Anowar Hossain and others......................Respondents   Judgment   February 22, 2001.   The Constitution of Bangladesh, 1972, Article 105   The petitioner intends a re-hearing of whole mat......a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......a situation we find no merit in this petition.   The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89.  ......a re-hearing of whole matter whereas all the points raised have already been thoroughly discussed and considered so without any new material the same can not be re-considered.   Lawyers Involved:   Md. Aftab Hossain, Advocate-on-Record—For the Petitione..

Category: Constitutional Law | Date: | Hits: 141

Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)

....e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......over to the company or to respondent No. 2.                          Lawyers Involved:   Ajmalul Hossain, Senior Advocate, instructed by Sharifuddin ..

Category: Business or Commercial Law | Date: | Hits: 97

Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)

....f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......te judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere.   Lawyers Involved:   Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab A..

Category: Procedural Law | Date: | Hits: 104

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

....p; 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 other Comme...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing the order……(9)   Lawyers Involved:   AFM Hasan Arif, Advocate, instructed by Sharifuddin Chakiade..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......tion of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference.    Lawyers Involved:   MA Jalil, Advocate, instructed by Md Nawab Au, Advocate-on-R..

Category: Procedural Law | Date: | Hits: 82

State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)

....apir Bap & ors.......................... Respondents   Judgment   April 4, 2001.   The Constitution of Bangladesh, 1972, Article 103   The Penal Code, 1860 (XLV of 1860), Section 396 ......ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ......ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ......ght be arrived at from those upon which the High Court Division acquitted the accused persons and on such ground this Division did not interfere.    Lawyers Involved:   B Hossain, Deputy Attorney-General, instructed by Mvi. M..

Category: Business or Commercial Law | Date: | Hits: 99

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ......nbsp; Cases Referred to-   Bangalore Medical Trust vs. BS Muddappa AIR 1991 (SC) 1902; Giasuddin vs. Dhaka Municipal Corporation 1997 BLD 577.   Lawyers Involved:   Mahmudul Islam, Senior Advocate, (KM Saifuddin, Advocate..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....sp; Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Government of Bangladesh and others.............. Appellants   Vs.   Abu ......               Md. Gholam Rabbani J.- This appeal at the instance of the Government of Bangladesh, Commissioner of Customs and National Board of Revenue is directed against the judgment and order dated 27-7-2000 of a Division ......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......fore the order of confiscating the goods in the absence of the show-cause notice under the section could not make the order of confiscation as illegal……(9)     Lawyers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Su..

Category: Business or Commercial Law | Date: | Hits: 99