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Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....f 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2002 passed by the High Court Division in Criminal Revision No. 121 of 2001)....... own name as Champak Lata and did not execute in the name of another person, as such there is no question of committing forgery and thus the High Court Division committed error in law in the impugned decision in not acquitting the convict petitioners upon sitting aside the conviction and the sentenc..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....9;ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 114 of 2002. (From the judgment and order dated 22nd April 2001 passed by the High Court Division in Civil Revision No. 1595 of 2000). ......s 11 (2) and 14 of the Code of Civil Procedure but no amendment could be made as in the case resorting to Order XXI rule 17(2) in the instant facts and circumstances of the case and referred to the decisions reported in 18 DLR 595 and 14 DLR 649. 10. Mr. Rafique‑ul Huq has also..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)
....Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate ‑on‑Record -For Respondent Nos. 2‑ 7. Civil Appeal No. 50 of 2000. (From the Judgment and Order dated February 1, 1999 passed by the High Court Division in Transfer Suit No. 1 of 1995). Ju......authority for the allotment of the land for the purpose of constructing a hospital and thereupon inquiry was held, that the Allotment Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment mad..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....of decision from the Head Office of Uttara Bank. In the year 1384 BS the defendant proposed to re-fix the rents of the premises by a letter to which the plaintiff Bank by Memo No.CMH/OF/FRENT/78‑79 dated 12‑4‑1978 informed that the rent was enhanced to Taka 1800 for the subsequent years. Mr. C......rate also the defendant paid rents regularly upto 1382 BS. In the last part of Chaitra 1383 BS the plaintiff Bank proposed to enhance the rate of rent but payment of rent was not received for want of decision from the Head Office of Uttara Bank. In the year 1384 BS the defendant proposed to re-fix t..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....r the Petitioner.
Md. Ziaul Haque-For Respondent No.2.
Writ Petition No.2903 of 2003.
Judgment
Md. Tofazzul Islam J.- The petitioner filed this writ petition challenging the order dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by whi......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.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....r the Respondents. Appeal from Original Decree (FA) No. 13 of 2003. Judgment Md. Abdul Matin J.-This appeal at the instance of the defendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999...... Sayed Ahmed and others reported in 29 DLR (SC) 13. He submits that the notice under section 106 of the Transfer of Property Act has been duly and legally served upon the defendant and in view of the decision in the case of Sultana Vs. Syed Ahmed reported in 19 DLR 42 the trial Court has rightly hel..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
.... Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of sec......authorised order of detention. But before those orders were signed, Dr. Rafiqur Rahman and Mr. Khan Saifur Rahman, learned Counsel for the District Magistrates, urged upon the Court to reconsider the decision so far as it relates to the respective District/ Additional District Magistrates. They subm..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
.... Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advocate-on-record-For the Respondent No. 2. Civil Appeal No. 287 of 2004 (From the Judgment and order dated March 5, 2002 passed by the High Court Division in Writ Petition No. 1012 of 2002) Judg......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....iminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, Barisal...... the prosecution witnesses, impugned judgment and other material papers/documents as available in paper book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court committed illegality ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....alling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may briefly......iction can go into the question of voidness of the direction. 17. In Ridge Vs. Baldwin, (1964) A.C. 40 the majority of the Law Lords held that failure to give an opportunity of hearing fenders a decision void and nullity. Lord Reid observed, "Then there are considerable argument whether in..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....tructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For Respondent Nos. 1‑3. Not represented‑respondent Nos. 4‑4 (d). Civil Appeal No. 77 of 1997. (From the Judgment and Order dated January 16, 1997 passed by the High Court Division in First Appeal No. 1 of 1988). Judgmen......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....Appeal No.438 of 200) Not represented................Respondent Nos.3, 5-10 (In Civil Appeal No.439 of 2001) Civil Appeal Nos. 438 and 439 of 2001. (From the Judgment and Order dated 22 November 2000 dated 24.01.2001 passed by the High Court Division in Civil Revision No. 1967......o. 7 of 1969 and further stating that they are necessary parties in the present suit and as such they should be added as defendants in the suit for ends of justice. It have been held in the aforesaid decision that: "The present appellants are not claiming through the defendants of the presen..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....d. 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 Criminal Miscella......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. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....09;on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 passed by the High Court Division in Civil Revision No. 3977 of 2001). ......be an illegality to order him to deposit the consideration money together with the compensation prior to the determination of the issues as to limitation and co‑sharership i.e., prior to the decision in the case either allowing or rejecting the pre‑emption or the application of the c..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on-Record‑For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 1039 & 1040 of 2000 (From the judgment dated March 5, 2000 passed by the High Court Division in Writ Petition Nos. 2578 of 1998 and 2498 of......of Corporation's Board of Directors at its 174th Board Meeting held on May 8, 1993. It is the allegation of the writ petitioners that on successful completion of 3 years as required under the Board's decision dated May 8, 1993 they were not absorbed as, permanent employees. The petitioners completed..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....09;Record‑ For the Respondent No. 3. Not Represented‑ Respondent No. 2 Civil Petition for Leave to Appeal No. 1049 of 2002. (From the judgment and order dated 15th April 2002 Passed by the High Court Division in Matter No. 2 of 2000). Jud...... a neutral person to preside over it Annual General Meetings, without prejudice to anybody as it was done in similar other occasions. In support of his contention the learned Counsel refers to the decisions reported in AIR 1952 Mad 60, PLD 1968 Dhaka 610: 38 DLR (AD) 296. Section 81..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....ufia Khatun, Advocate‑on‑Record‑For Respondent No. 2. B Hossain, Advocate‑on‑Record‑For Respondent No. 3. Criminal Appeal No. 26 of 2002. (From the judgment and order dated 18‑2‑2002 passed by the High Court Division in Criminal Revision No. 664 of 2001). Ju......rson absconds or fails to appear, the procedure as laid down in sub‑section (1) shall not apply and the Court, competent to try such person for the offence complained of, shall, after recording its decision so to do, try such person in his absence." 15. The factual aspects of this case ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....ocate 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). Judg......entation officer, who being a witness cited in the prosecution report, was withheld without explanation the High Court Division was in error in maintaining conviction of the appellant basing its decision of the condition in the undertaking given by the appellant that Master roll for each i..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....r the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 dismis......polling stations are being set up at Naldanga and Panchapolli in place of Debipur and Joypur respectively. The plaintiff came to know from the election office that defendant Nos.1 and 2would take the decision as to the setting up of the new polling stations before the date of withdrawal of the candi..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ossain, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate‑on‑Record‑For Respondent No. 2. Civil Appeal No. 40 of 1999. (From the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 1994). ......t (90th) Board meeting held on 22‑12‑93. 8. The appellant wrote again on 4‑1‑1994, 22‑2‑1994 and 14‑5‑1994 to the Board to reconsider its decision, but the Company refused to do so. With respect to the dividends of 18 percent declared i..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
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