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Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... section 339 (c) (4) of the Code of Criminal Procedure and the petitioner was released as the trial could not be concluded within specified time. So, he is not entitled to all arrear benefits. Lawyers involved: Fazlul Karim, Senior Advocate instructed by M Khaled Ahmed, Advocate‑on‑R..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. ......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. ......provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers Involved: Dr. Md. Zahir, Senior Advocate, (Md. Ozair Farooq, Senior Adv..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)
.... 1 has referred to the decisions reported in ILR 22 Madras 270, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Re......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......undai Corporation vs. Sumikin Bussan Corporation and others 54 DLR (AD) 88; AIR 1979 SC 1628; AIR 1980 SC 199‑2; AIR 1985 SC 1147 AIR 1988 SC 157; PLD 1965 SC 671 and AIR 1958 MP 393. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior‑Advocate, instructed by S..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....n yearly basis is of no substance…..(14) In absence of any registered deed 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 b......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. ......ed by the plaintiff-Bank for installing a branch at the suit premises………….(15) Cases Referred to- 43 CWN 797; 22 DLR 56; 22 DLR (SC) 360; 1987 BLD (AD) 147. Lawyers Involved: Nikhilesh Dutta with Mihir Kanti Majumder, Advocates-For the Petitioners. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....Code of Civil Procedure will be applicable and accordingly, the impugned order, having been passed without complying the specific provisions of the Code of Civil Procedure cannot be sustained and the principle laid down 54 DLR 78 is not applicable in the facts and circumstances of the present case.
......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.
......t and others, 55 DLR (AD) 13; Hazera Begum Vs. Artha Rin Adalat, 54 DLR 78; Sultana Jute Mills Limited Vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh Vs. Md. Shajuddin, 52 DLR (AD) 76.
Lawyers Involved:
Md. Idrisur Rahman-For the Petitioner.
Md. Ziaul Haque-For Respondent No..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....the appellant, lastly referred to a decision in the case of Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another reported in AIR 1965 SC 1923 in support of his contention that the principle embodied in section 111 (g) is equally applicable to tenancies. We do not find that this d....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... Cases Referred to- Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukherjee Vs. Chulai Pashi and another, AIR 1960 (Cal) 40. Lawyers Involved: Fazlul Karim with Khandaker Aminul Huq, Advocates—For the Appellant. ..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
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......is used to suit the whims and caprice of the District Magistrate/Additional District Magistrate in contradistinction to the word "Punitive Detention” according to Webster’s Third New International Dictionary means an act or fact of detaining, a holding in custody of a tardy pupil af......of the Supreme Court may, if necessary, be requisitioned by the government to avoid recurrence of the mistakes committed by officers making/passing the order of detention..……. (31) Lawyers Involved: Dr. Rafiqur Rahman with Khan Saifur Rahman, Advocates‑ For the Petitioners...Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....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. ......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. ...... others………Appellants Vs. Md. Matiur Rahman and another………………………Respondents Judgment 26th July 2003 Lawyers Involved: Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attor..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 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: 56 DLR (2004) 637. ...... 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: 56 DLR (2004) 637. ......r).................... Appellant Vs. State............................. Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accused ‑ Appellant. ABM Wal..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ....... Mahmood Hasan died on 25‑12‑1970 in Karachi, Pakistan. The American Embassy which was a tenant in the house used to deposit rents in the joint SB Account of both the sisters in American Express International Banking Corporation, Dhaka, Meanwhile the Ministry of Works by its letter dated 23‑1......s. Helaluddin Ahmed 4 MLR (AD) 140; lqbal Ahmed Qurishi vs. Bangladesh 45 DLR 416; Bangladesh Vs. Professor Golam Azam 46 DLR (AD) 192; Government of Bangladesh Vs. MS Ispahani 40 DLR (AD) 116. Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by Md. Ataur Rahm..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......rs..................Petitioners Vs. Ebaruddin and others.................................Opposite Parties Judgment July 1, 2003. Result: The Rule is made absolute. Lawyers Involved: Mansur Habib with Lutfunnessa Lucky, Advocates- For the Petitioners. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....olation of which is complained of is a nullity in the eye of law or not and an order passed by a court can be void on two grounds, namely - if an order is passed by any court in violation of the principles of natural justice that must be deemed to be an order passed without lawful authority and......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......n-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 Ex. 190; 1985 Crl. L.J 359 (Bom); Marbury Vs. Madison, 2 L.Ed. 60. Lawyers Involved: Akhtar Imam with Syed Mamun Mahbub, Advocates-For Petitioner. Mahbubey A..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………….(7) Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md Wahidullah. A..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....h and others………………Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if m......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. ...... the result of a suit filed earlier still remains pending the order of remand by the appellate/higher court made in such a situation cannot be considered unjustified ……… …………..(12) Lawyers Involved: KS Nabi, Senior Advocate, HR Sharif (Advocate with him) instructed by Md. Af..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....y have had yet acquired any right, title, interest in the suit land on the basis of alleged agreement with the plaintiff dated 11.11.1995 pursuant to an ex parte decree dated 5.1.1985. Apart from the principle of lispendens the respondent Ns. 1-6 have not acquired any right, title, interest in the s...... 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: ......oth the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, Advocate with him), instructed b..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....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. ......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. ......section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General, instructed by ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......onsideration money together with compensation prior to determination of important issues, would not be an illegality. Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by M Khaled Ahmed, Advocate̴..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)
.... retirement age or undertaking made by and on behalf of the from 57 years to 35 years, that in view of enshrined Statutory Corporation and that it is the reasonable constitutional provision regarding principle of equality and forbidding unequal treatment of the citizens, particularly in the context ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......een held by the High Court Division as discriminatory and further the discrimination so made being violative of the Article 28 of the Constitution is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate‑onâ€..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588......., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588..................Appellant Vs. State....................................................................Respondent Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Kar..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ce with any such order shall, for all purposes, be deemed to be a meeting of the company duly called, held and conducted. 7. Accordingly the Company Court, on consideration of the principles of law and the facts of the present case, has appointed a neutral person to be the Chair......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Ra..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
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