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Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....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. ......of the High Court Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plaintiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respon..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....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. ......m J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement August 20, 2002. Result: The petition is dismissed. The Arbitration Act, 20..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......nt and decree of February 1, 2000 of a Division Bench of the High Court Division in First Appeal No. 269 of 1999 affirming the judgment and decree of January 11.1999 of the 5th Court of Subordinate Judge, Dhaka in Title Suit No. 106 of 1994 decreeing the same upon making the award dated August 2..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......ury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
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. ......nce of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-Shishu Nitjatan Damon Bishesh Adalat No. 2, Rajbari, in Nari-O-Shishu Niajatan Daman C..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. ...... and assaulted him and thereafter forcibly took away the victim with them when the other 7/8 accused persons armed with deadly weapons were standing outside of the hut. It appears that the learned Judge of the Special Tribunal having considered the first information report, charge-sheet, the sta..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 ......riminal Appeal No. 46 of 1988 Judgment Md. Abdul Aziz J.- This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......is Court but it is semi-constitutional in nature and the person not being aggrieved, cannot prefer such application, challenging the detention order of third person.” 3. As the two learned Judges dissented in delivering the judgments in the manner as aforementioned, the learned Chief Just..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......Bench of the High Court Division in Civil Revision No. 110 of 1994 discharging the Rule. The civil revision was filed against the judgment and decree of 31st October, 1993 of the Court of District Judge, Lakshmipur in Title Appeal No. 44 of 1999 allowing the appeal and consequent thereupon decre..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......as 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 in the facts and circumstances of a particular case. A Judge’s mind always swings—To be or not to be. "14. In the instant case, unfortunately, that exe..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... 2. The convict‑appellants and another moved the High Court Division in revisional jurisdiction against the judgment and order dated August 22, 1996 of the 1st Court of Additional Sessions Judge, Sylhet passed in Criminal Appeal No. 5(4) of 1988 maintaining the conviction passed un..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......on for Leave to Appeal, at the instance of defendants, is directed against the discharging the Rule by affirming the judgment and order dated 18‑4‑2001 passed by the leaned District Judge, Shariatpur in Miscellaneous Appeal No. 2 of 2001 allowing the same by granting injunction aga..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
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....... 1998 with Jail Appeal No. 3032 of 1998 and Criminal Appeal No. 2499 of 1998. Judgment Md. Marzi-ul Huq J. - This reference being Death Reference No. 28 of 1998 has been made by the learned Judge. Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narsingdi under section 374 of the Code of Crimin..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......rder No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff respondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit No. 29 of 1986 for permanent injunction, rejecting an app..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
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. ......is true that the petition has been filed under section 491 of the Code of Criminal Procedure before the High Court Division. This has not been filed against the order passed by the learned Sessions Judge refusing to release aforesaid Masuda Khanam (Hasi) to the custody of her father the present ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ourable verdict in the appeal. It further appears that the puisne Judge also assured him that he will try his best to obtain a favourable order in his favour but he could not do so as ultimately, the Presiding Judge did not agree to his proposal. The accused repeatedly made queries why it happened a......AIR 1981 SC 755=1981 (2) SCC 57=1981(2) SCR 320, Registrar of Orissa High Court Vs. Baradakawa Mura AIR 1973 Ori 244 (FB), Doctor Saxenas Case (1996) 5 SCC 216, AIR 2000 SC 68, Sir Edward Snelson Vs. Judges of the High Court of West Pakistan Lahore 16 DLR (SC) 535, State Vs. Abdul Rashid 10 DLR 568;..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. ...... Md. Shamsul Huda J.- This appeal is directed at the instance of the appellant Hobi Sheikh and Ashraf Ali against judgment and order dated 16‑11-1997 passed by the learned Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nir..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....... section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting app..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 making the Rule absolute reversing the order dated 11‑10‑1999 passed by the learned Senior Assistant Judge Sherpur, Bogra in Title Execution Case No. 1 of 1998 staying all further proceedings of the ca..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Appeal No. 49 of 1986 affirming the order dated 18-1-1996 ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3