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Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......‑9 (In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......erson specialized in the examination of signature, handwriting and thumb impression…...(26) Cases Referred to- Moni Begurn vs RAJUK, 46 DLR (AD) 154; Hussain Bakhsh vs Settlement Commissioner and another 21 DLR (SC) 456; Khadomul Islam Chowdhury vs Bangladesh and others 33 DLR (AD) 111;..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......ode of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High ......h cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J Abul Bashar and others...................Petitioners Vs. Prafulla Kumar Das and others…….Respondents Judgm..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ...... 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under L......ng Branch and ors………..Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order ......sp; Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents&n..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......ent Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 ...... hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....ong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong record………&he......d of rights was not correct. 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ppeal is dismissed. There is no order as to costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents J..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......bsp; Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respondent. Criminal Appeal No. 27 of 2001. (From the Judgment and order dated 3‑6‑1999 passed by the High Court Division in Criminal Appeal No. 579 of 199......s are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......m the deposition of PW 1 that he has no direct knowledge about the occurrence and he heard about it from two persons, his chachato brother Manik or Shafique (in the first information report name mentioned is Manik but PW 1, the informant mentioned the name as Shafique) and victim Parul. Parul has be..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... Md. Nawab Ali, Advocate-on‑Record‑For the Petitioner. Not Represented‑Respondent. Criminal Petition for Leave to Appeal No. 29 of 2002. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Criminal Miscellaneous Case No. ......infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......ppellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Jashimuddin...............Petitioner Vs. State...................Respondent Judgment October..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......Senior Counsel appeared on behalf of the appellant in both the appeals and none appeared on behalf of the respondents. The learned counsel for the appellant after taking us through the leave granting order and the judgment of the trial court and also of the High Court Division made his submissions. ......so Reported in: II ADC (2005) 38. ......led Civil Petition Nos. 1087 & 1089 of 1997 for leave to appeal. Leave was granted to consider the following submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... Sheikh Rezowan Ali J. - On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusin...... Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......on‑Record‑For Respondent Nos. 1 & 5. Not Represented‑ Respondent Nos. 2‑4. Dispensed with‑ Respondent Nos. 6‑ 10. Criminal Appeal No. 17 of 1999. (From the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 o......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......o. 72 of 1987 and NGR Case No. 132 of 1987) making the Rule disposed of directing the first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a decision is given by the civil Court in respect of the disputed prope..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....30. Exhibit-1 is Cadestral Survey Record of Right containing C.S. Plot No.254 (in full) measuring an area of .61 acres. Exhibit-2 is Gazette Notification dated 25.11.1965 and Gazette Notification was published in exercise of power conferred by sub-section 4(h) of section 93A of Town Improvement Act ......esidential, commercial, industrial purpose or for establishment of parks, playing fields and open space for relief of congestion in any area to which this Act extends, Provincial Government might, by order in writing, requisition any property for the Board arid could make such further order as might......eel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhy......os.2and 13. First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge o..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ....... 22 of 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 ......rfere. The petitions are accordingly dismissed. Ed. ......nbsp; (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents. Judgment August 23, ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
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. ......ucted by M Khaled Ahmed, Advocate‑on‑Record ‑ For the Petitioner. Not represented ‑ the Respondents. Civil Petition for Leave to Appeal No. 1097 of 2002. (From the judgment and order dated 29‑4‑2002 passed by the Administrative Appellate Tribunal in Administrative Appellat......etition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......(2005) 37. ..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. ......e‑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).......in 15 days from the date. Ed. ......antee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank guarantee and on 16‑8‑1999 the enti..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)
....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. ......ation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would n......is dismissed. There is no order as to costs. Ed. ...... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done upon ratification by the company subsequent to its incorporation is always deemed to be the ac..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....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. ......he defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said money orders were refused by the plaintiff Bank. Finding no other alternativ......own the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......High Court Division (Civil Revisional Jurisdiction) Present: Sharifuddin Chaklader J Debendra Kumar Saha & another…………………Petitioners Vs. Uttara Bank Ltd……………………&..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....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.
......tha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code......arrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......
(Special Original Jurisdiction)
Present:
Md. Tofazzul Islam J
AFM Abdur Rahman J
Amir Ali (Md.).........……………………Petitioner
Vs.
Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another…..
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. ...... damages decreed by the court below for the plaintiffs is against the provision of law. 8. On the other hand, Mr. Golam Arshad, the teamed Advocate appearing for the respondents, submits that in order to get protection against the eviction the defendant must show up‑to‑date payment till the......cree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......0‑3‑1992 and rent was fixed at Taka 40,000 for the first 3 years commencing from 1‑4‑1995 and Taka 42,000 commencing from 1‑4‑98. It was contended that though the period of lease was mentioned in the said deed of lease as 6 years but since it was not registered it was a lease from month ..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. ......llip;……Respondents Judgment July 29, 2003. 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 de......ct Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......h Court Division (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others……..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. ......or the 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) ...... by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......ourt Division in Writ Petition No. 1012 of 2002 directing the appellant No. 2 (Respondent No. 1 in the writ petition) to release the goods imported by the Respondent though the letters of credit mentioned in the writ petition on acceptance of the customs duty and other charges in case so be assessed..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
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