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Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....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. ...... before the Court and how the Courts relied upon it. There is no evidence to show that the medical officer who made the report was dead or was incapable of giving evidence or was beyond the limits of Bangladesh and his attendance could not be procured without much delay. Unless these facts are prove......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......(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 Judgement October 28, 20..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
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. ......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......2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....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: ......red to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. N...... 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)
.... First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment ......y 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...... High Court Division (Civil) 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, 2..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
.... ......t Appellate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The peti......llate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dis......37. ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....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. ......ing the awarded amount in the form of bank guarantee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank ......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......ented by its Vice-Chancellor .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment Au..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)
....rpur Mazar Co‑operative Market Society Limited, is the owner of three‑storied super market building at 1, Darus Salam, Mirpur, Dhaka on a land about three bighas leased out by the Government to the Society by the registered deed of lease dated April 24, 1981 ‑, that the la......R 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111,Rajdhani Unnayan Kartipakhya and another vs. Mohshinul Islam and another 53 DI‑R (AD) 79; Sharping, Matshajibi Samabaya Samity vs. Bangladesh 39 DLR (AD) 85; Hyundai Corporation vs. Sumikin Bussan Corporation and others 54 DLR (AD...... 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...... Appellate Division (Civil) Present: 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..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....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. ...... Judge, Noakhali and got delivery of possession on 19‑6-1952. Thereafter, the said Bank converted to Eastern Banking Corporation and thereafter converted to Uttara Bank Limited. After liberation of Bangladesh, the defendant did not pay rents regularly and paid rent up to 1384 BS. Thereafter, they ......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......Division (Civil Revisional Jurisdiction) Present: Sharifuddin Chaklader J Debendra Kumar Saha & another…………………Petitioners Vs. Uttara Bank Ltd………………………&hel..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....e suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a regist......y and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of l......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......vil Appellate Jurisdiction) 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
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents ......ent: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Resu......also Reported in: 57 DLR (2005) 327. ......ision (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Res..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....e writ petition. There is no order as to costs. Ed. ......n. There is no order as to costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel......: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……………………&h..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....een controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh………………..(26) Cases Referred to- Speed Bird Navigation Vs. Bangladesh 27 DLR 170; Government of Bangladesh Vs. Abdul Hoque 1982 BLD (AD) 143; Government of Bangladesh Vs. ATJ Industr......o 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......ted in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....e plot No.753 which is the case-plot was originally owned by Amiruddin and others and the aforesaid land was requisitioned and acquired in L.A. Case No.138/1961-62 and at the time of acquisition Government found structures of Aminuddin, Amiruddin Raj, Sona Banu and Nearbi Bibi and they have bee......o the judicial pronouncements, included Art. 31 as a fundamental right, violation of which will entail the mischief of Art. 26 of the Constitution. It is the fundamental right of all citizens of Bangladesh and all persons residing in Bangladesh to be dealt with only in accordance with law.......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......……………………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………&helli..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Appellant (In Civil Appeal No.439 of 2001) Vs. Hazera Khatun being dead her heirs: Md. Aminul Haque and others............Respondents (I..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....inal contract of employment. It has been stated by the writ‑petitioners that they were not aware of Corporation's resolution dated July 18, 1993 and that the said resolution was not approved by the Government, nor the same was published in the official gazette. 5. The Rules have been contested ......n: 55 DLR (AD) (2003) 132. ......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
.... 2. The facts leading to the filing of this application are that, the share holders of UCBL are divided into three groups, the Sponsors/Directors are in Group 'A' holding 50% of the shares, the Government of Bangladesh and Public Sector Financial Institutions are in Group 'B' holding 5% shar......nnual General Meetings of United Commercial Bank Limited ("UCBL") for the calendar year 1998, 1999 and 2000 under the chairmanship of Mr. KZ Alam, Senior Advocate of the Supreme Court of Bangladesh. 2. The facts leading to the filing of this application are that, the share......rim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents Judgment April 22......owdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... 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. ...... 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)....... ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
.... Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzza......ations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Order No. 248 of 2003. Judgment ......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....mmunication available to the people of the area defendant No.8, Returning Officer after making spot inquiry decided to set up two now polling stations Debipur Primary School and Joypur Registered Non-Government Primary School. The Returning Officer sent the names of the polling station of defendant ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......sp; ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2