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Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
...., Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000). Civil Appeal Nos. 97 and 98 of 2000. (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). &nbs......eyond the date of the decree as the power to grant interest after passing of the decree vests exclusively in the Court under section 29 of the Act." 12. This Court as well in a recent decision in the case of Bux Shipping Line vs. B WDB reported in 7 BLC (AD) 27 held that: ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....eal against the impugned judgment and order of the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. ......of corruption, violation of office discipline and order of the higher authority and in this way the writ petitioner gained illegal monetary benefit by misusing the name of the Board and as per a decision of the Board's Committee meeting held on 29‑3‑1995 a high‑power three mem..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....e plaintiff and accordingly defendant No.3 sold his possession in the suit shop along with the furniture's of the shop to the plaintiff for a consideration of Taka 2,800 vide a written instrument dated 29‑7‑69 and that subsequently the plaintiff again paid Taka 3000 as fee of the transfer to......ations, parties, reliefs and the suit land in both the suits being same, the present suit is not maintainable. In support of his submission the learned Advocate for the petitioner has refereed to the decision in the case of Kumar Begum Roy Vs. Panna Debi and others reported in 1982 BLD (AD) 54, wher..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....€‘For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgment ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... with him) instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 263 of 2001. (From the judgment and order dated 5th November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 46 of 1999). ......h court found that the information regarding death of respondent was false and that he is alive and accordingly rejected the application for substitution. This Court with reference to good numbers of decisions of the subcontinent has held that "what has been held in the above cases is that the ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002). Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002 ......hould play a remedial role to do complete justice under Articles 104 and 105 of the Constitution read together. Therefore, he urges that this court should reconsider the matter and review its earlier decision. 19. He then urges that as his client, Mahmud, was not involved in any irregul..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Judgment ......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. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
..... Wahidullah, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1 and 3—12. Civil Petition for Leave to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) Judgm...... consequence or relating to the said contract shall be referred to the Tribunal of Arbitration of Metropolitan Chamber of Commerce and Industry, Dhaka, for determination, settlement and award and the decision and award of the Arbitrators shall be final and binding upon the parties. But the plaintiff..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
.... Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000) ......he petitioner in support of his contention that Arbitrator was quite competent to award interÂest on the awarded amount relies on the concluÂsion 'c' of this Division in the aforesaid reportÂed decision. The learned Counsel for the petiÂtioner further submits that learned Subordinate Judge w..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).
....;on‑Record‑For Respondent No. 2. Not represented‑Respondent No. 1. Civil Petition for Leave to Appeal No. 1346 of 2001. (From the judgment and order dated 25th June 2001 passed by the High Court Division in Writ Petition No. 2798 of 1998). ......vision discharged the Rule as the petition is not maintainable and that the remedies lie under the provision of the Code of Civil Procedure available to the execution proceedings. 7. The decision in the case of Sultana Mills Ltd vs. Agrani Bank reported in 46 DLR 174 though was on the q..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
.... 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance 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 Nitj......ion of 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 conjectures and surmises. He further submits that the victim was never raped by the accu..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....eral—For Respondent No.1. Criminal Appeal No.2381 of 1998. Judgment Md. Muzammel Hossain J.—This appeal at the instance of the accused appellants is directed against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribu......ons 4(b) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. In the instant case before us Mr. Mujibur Rahman, the learned Advocate for it he accused appellant, has relied on the decision of the case of Shamsul Alam Vs. State reported in 6 MLR 297 where a Division Bench of this ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....l Appeal No. 281 of 1986 And Re-Criminal 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 convict......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 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....of their Lordships Mr. Justice Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three)......(hereinafter referred to as the Act) and accordingly ordered to set the detenu at liberty at once, if not wanted in connection with any other case. Although Mr. Md. Ali Asgar Khan J has not given any decision as to the maintainability of the miscellaneous case, yet, it has to be presumed that his Lo..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... 31st October, 1993 of the Court of District Judge, Lakshmipur in Title Appeal No. 44 of 1999 allowing the appeal and consequent thereupon decreeing the suit upon reversing the judgment and decree dated April 30, 1981 of the Court of Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967......I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a decision in respect of an issue in the case. Section 114 (ii) A registered docu..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....9;on‑Record‑For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 975‑976 of 2001. (From judgment and order dated 10‑8‑2000. passed by the High Court Division in Writ Petition Nos. 4188 of 1999 a......uot; 8. We have heard the submission of the learned Counsel for the petitioners and perused the judgment impugned herein. It appears that the High Court Division relied on the decision in the case of Habibullah Khan vs. Shah Azharuddin Ahmed and others reported in 35 DLR (4..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ut the company failed to repay the said amount within the stipulated time, however, on 8th May, 2001, the company repaid Taka 5,50,000. Thereafter, the respondent-company issued three cheques, cheque dated 15‑4‑2001 for Taka 30 lakh, cheque dated 15‑5‑2001 for Taka 15.00 lakh and cheque date...... 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. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... Judgment Md. Muzammel Hossain J.— This appeal at the instance of the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai is directed against the impugned judgment and order dated 20-Â6‑2000 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati, in Na......r defence and thereby caused prejudice to him. 25. We do not find any substance in the submission of Mr. Mohammad Abdul Baset, the learned Assistant Attorney-General, who relying on the aforesaid decisions reported in 5 BLC (AD)19 and 46 DLR 605 has submitted that mere missing of some words whil..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....dvocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1000 of 1997. (From the judgment and order dated 3rd March 1997 passed by the High Court Division in Writ Petition No. 33 of 1988). ...... at by the High Court Division. As regards the submission regarding the finding of the High Court Division as to section 53 of the Transfer of Property Act the High Court Division on the decision in the case of Buxly Paints (Bangladesh) Ltd vs. Bangladesh reported in 31 DLR (AD) 266 has..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....Advocate‑on‑Record‑For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 498 of 2001. (From the judgment and order dated November 2, 2000 passed by the High Court Division in Writ Petition No. 855 of 2000. ......rving: "The order per se is not a final order, but an ad interim order subject to the receipt of the instruction from the Ministry of Land with regard to the decision about the managing committees of the lessees' Samity and, as such, we find that this writ p..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149