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Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

.... Uttara Bank Ltd…………………………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petiti......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

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....at Fourth Court, Dhaka and another………………………………Respondents Judgment August 11, 2003. Result: The Rule is made absolute. Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Ci......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)

..... 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

....Respondents. Writ Petition Nos.6372, 6481, 6735, 7916, 7984, 8275, 8296, 8297, 8316, 8333, 8334, 8335, 8422, 8438, 8551, 8327, 8351 and 8315 of 2002. Judgment MA Aziz J.- All the above Rules arose out of a common question of law as to whether under section 3(2) and section 3(3) of the......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)

...., 2002 to the Customs Authority for releasing the goods on acceptance of the customs duty and other charges in case but of no effect. Thereupon writ petition was filed. The High Court Division issued Rule Nisi calling upon the respondents to show cause and at the time of issuing the Rule passed an a...... 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. ......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)

.... instance of the writ‑respondent No. 2 as the appellant is directed against the judgment and order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holdi......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)

....Abdul Kader Rabbani and others..................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- &......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)

....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. ...... 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)

....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)

....6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal No. 439 of 2001 filed Miscellaneous Case No. 1 of 1996 under Order 9 Rule 13 of the Code of Civil Procedure and upon contested hearing Miscellaneous Case was allowed set......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)

....03 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 Miscellaneous Case No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail.  2. The prosecution case, in short,......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)

....successfully moved the High Court Division.  3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing the application for co-a......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)

....wo leave petitions have been filed against the common judgment dated March 5, 2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2578 of 1998 and 2498 of 1998 making the Rules absolute and declaring "that the petitioners are entitled to be absorbed in the similar way th......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..................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

Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)

....inst the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801 of 1991 (Dhaka)/ /Criminal Revision No. 34 of 1987 (Comilla) discharge the Rule obtained against the judgment and order dated March 30, 1987 of the Court of Sessions Judge, B......aker Abdul Hannan............................Appellant Vs. Sayara Begum, and another............Respondent   Judgment April 22, 2003. The Muslim Family Laws Ordinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not comp..

Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....in the Court of District Judge but its prayer for stay being refused, the company moved the High Court Division in its revisional jurisdiction in Civil Revision No. 5060 of 1998. After hearing, the Rule in the civil revision was made absolute by judgment and order dated 21st of June 1999 and the......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

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

....4. Against the judgment of the lower appellate Court, the convict respondents moved the High Court Division in its criminal revisional jurisdiction in Criminal Revision No. 664 of 2001 and obtained a Rule which was subsequently made absolute on the ground, that the trial has proceeded in a very unus...... The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter.  Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Rec..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

....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. ......ul Kabir Chowdhury J Md. Nizamul Huq J Suo Moto Order No. 248 of 2003 Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney Gene..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148