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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. ......endant‑petitioner Nos. 1‑5 in the leave petition) non‑contesting defendants Nos. 9‑12 as well as the non‑contesting some other defendants (added defendants) who figured in the revisional application as petitioner Nos. 11 ‑ 14 moved the High Court Division in revisional jurisdiction a..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ar and Mustafizur Rahman Khan, Advocates—For Respondent No.1. Khaled H Chowdhury, Advocate—For Respondent Nos. 5‑7. Matter No. 59 of 2001. Judgment ABM Khairul Haque J.—This is an application under section 241(v) of the Companies Act, 1994, filed by one Amir Hossain praying for w..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....m Vs. State reported in 51 DLR (AD) 18 where it has been held that when it is found after a full trial that there was mis‑trial or trial without jurisdiction, the court of Appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in......der sections 2 and 4 of Anti Terrorism Act, 1992 being simple omission has been held to be durable under section 537 of the Code. In that view of the matter, the aforesaid decisions have no manner of application in the present case. Though the omission of the vital ingredient of the offence in the c..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
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. ......unction against the defendant Nos. 1-3 upon setting aside the judgment and Order dated 23‑1-2001 passed by the learned Assistant Judge Shariatpur in Title Suit No. 40 of 2000 rejecting the application for temporary injunction under Order XXXIX rule 1, of the Code of Civil Procedure. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......e fact that on 18 March, 1999, nine days after the signing of the licence agreement Mr AS Mahmud, the respondent No. 7 using the letter head of ETV and representing himself as its Chairman, made an application to the Ministry of Information for obtaining permission to transfer the said licence f..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....ision No. 1753 of 1990 at the instance of the plaintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow ......za Chowdhury CJ.- This leave petition by the defendant‑Petitioners is directed against the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff Ârespondents challenging the legality of the order dated 18‑9â..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. ...... Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a mi..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....or libel that the defamatory imputation is true. But in a proceeding for contempt by publishing a libel upon the Court such a defence is not admissible. Any attempt to justify the libel is, in law, a fresh contempt. 145. The legal proposition laid down in 15 DLR (SC) 535 is that one may accede ......K‡j¼vixi LmovÓ published in its issue dated 16-9-2000, corresponding to 1st of Ashwin, 1207 BS. After publication of the aforesaid news item the learned Attorney-General filed an application enclosing a copy thereof, to the Registrar of this Court to bring the same to the notice..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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.......99 BLD 307. 10. Before addressing to the specific points raised in the appeal, we should enter into the available evidence on records for proper appreciation of the factual aspects of the case and application of the law on such facts to ascertain as to whether offences charged with have been prov..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
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. ......n, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party Civil Revision No. 1139 of 1995 Judgment Md. Abdur Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the ins..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......209;52000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petition of complain..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......f 1987. The said appeal was also dismissed for default on 30‑7‑1992. On 16‑4‑1984 Government filed Miscellaneous Case No. 2 of 1994 under Order XLI rule 19 CPC along with an application under section 5 of the Limitation Act praying for condoning the delay. The petitioners ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......o appeal against the judgment and order dated 6‑3Â2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1383 of 1996 discharging the Rule. 2. The facts leading to the application are that the suit land was requisitioned in LA Case No. 71 of 1960‑61 under the provis..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....was granted under both the Acts as both the Ministry of Information and Post and Telecommunications are under the Government the People's Republic of Bangladesh, there is no need of obtaining any fresh licence from the Ministry of Post and Telecommunications. Moreover, Bangladesh Telegraph and T......desh and its programmed speaks for poor and neglected people of the society. Some interested persons probably could not tolerate the popularity of ETV and as such, at a belated stage, they filed this application through the present petitioners who are acting as agents of foreign broadcasters. 1..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......l Haque, Advocates-For the Opposite Party. Civil Revision No. 2478 of 2000 Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant Nos. 1 and 10 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree d..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ...... Rule absolute upon setting aside the order dated 2‑2‑1992 passed by the learned Assistant Judge, Tongibari Upazila, District Munshigonj in Miscellaneous Case No. 11 of 1991 rejecting the application of the pre‑emptee under Order VII rule II of the Code of Civil Procedure. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......ased the case land in December, 1974 by three kabalas and had their names duty recorded in the records of right. The respondents claim that since then they have been paying the rent regularly. On the application by the respondents on 27‑6‑1996 the petitioners approved the plan of the res..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......t the plaintiff is not the real Lal Mohon Mondal and therefore, the suit is liable to be dismissed. During the pendency of the suit, Lal Mohon Mondal died. Thereafter opposite party Nos. 1-5 filed an application for being impleaded in place of the plaintiff on the ground that during the pendency the..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......he execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the court to proceed with the same suo muto and the decree holder is not required to file an application to proceed with the pending execution case……………&hell..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......0 and on 20‑5‑90 but the rent was not received, failing which he sent rent on 29‑5‑90 which was again refused and returned on 5‑6‑90. 2. The plaintiff‑respondent therefore, filed an application under section 19(1) of the Rent Premises Rent Control Ordinance, 1963 to deposit rent fo..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268