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Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....            Syed JR Mudassir Husain J.- This Appeal, by way of leave, is from the judgment and order dated 29‑6‑2000 discharging the Rule in Criminal Miscellaneous Case No. 1838 of 2000 in refusing to quash the conviction of the peti......-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms……………….(8)   Lawyers Involved:   Md. Abdul Malek Senior Advocate, instructed by  Md Now..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

.... and 1856 of 1999 and Criminal Revision No. 2001 of 1999 under section 561A of the Code of Criminal Procedure. In Criminal Revisional No. 293 of 1999 and Criminal Miscellaneous Case No. 359 of 1999 Rules were made absolute whereas in Criminal Miscellaneous Case No. 1856 of 1999 and Criminal Revis......question of fixing separate date for taking step under section 265C after the opening of the case under section 265B……………………(18)  Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Kumar Niogi, Advocate with him) ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

.... of which such a discretion can be judicially exercised, for, rarely will there be two cases in which the facts are alike ....”     “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, f...... Khalid Saigal vs State, 14 DLR (SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghulam Muhammad reported in 20 DLR (SC) 339. Lawyers Involved:   Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. ..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......Surath Lai, AIR 1942 Cal 553  Appalaswami vs Suryanarayanamurthy, ILR (1948) Mad 440: (AIR 1947 PC 189) & Atendra Nath Mistry vs Abdul Malek Howlader and others 54 DLR (AD) 106. Lawyers Involved: TH Khan, Senior Advocate, (with Mihir Kanti Majumder, Advocate)..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of said decree in any foreign country…………….(13)  Lawyers Involved:   MI Farooqui, Senior Advocate, (Mohsen Rashid, Adv..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....er to be added as a party on the ground that if it was made a party it would create unnecessary complications in the disposal of the suit. 4. Being aggrieved the Petitioner obtained a Rule in civil revisional jurisdiction of the High Court Division in Civil Revision No. 4925 of 2000......will not allow interference by outsiders with the letter of credit as it is bound to have serious refurcussion on the international trade of a country. ......(10)  Lawyers Involved: Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, AdvocateR..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

..... Ruhul Amin J.- This appeal by the plaintiff by leave is against the judgment and order dated July 23, 1999 of a Single Bench of the High Court Division in Civil Revision No. 2118 of 1993 making the Rule absolute upon reversing the judgment and decree dated Octo­ber 28, 1992 of the Court of Subord......dents  Judgment November 18, 2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241.  Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Harunur Rashid, Advocate with hi..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....t/Track, Bangladesh Railway. The arbitrator gave his award on 16 January, 1991 and submitting the same before the Subordinate Judge the contractor thereupon made an application for making the award a Rule of the Court. But the Chief Engineer, West, Rajshahi and Divisional Engineer, Bangladesh Railwa...... Cases Referred to-   Bangladesh Agricultural Development Corporation vs. Kibria and Associates Ltd. 46 DLR (AD) 97; Bux Shipping Line vs. BWDB 7 BLC (AD) 27.   Lawyers Involved:   Ozair Farooq, Senior Advocate, (Zahedul Bari, Advocate with h..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....nbsp; 2. This petition for leave to appeal is directed against the judgment and order dated March 13, 2002 of a Division Bench of the High Court Division in Writ Petition No. 5539 of 2000 making the Rule absolute and consequent thereupon has declared the notice dated October 23, 2000 issued under s......ellip;……….Petitioners Vs. Aziz Co­operative Housing Society Ltd. & others…………….Respondents  Judgment 16th November 2002  Lawyers Involved:  A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....nbsp;       Md. Faziul Karim J.‑ The Writ respondent-petitioners seek leave to appeal 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&......otice with reasonable opportunity for defence penalty imposed in violation of the same is illegal……………………….(5)    Lawyers Involved:  Sk Awsaful Rahman, Advocate (appeared with the leave of the Court)..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

....an.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 ......002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioner. Saleha Islam, Adv..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....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: ......luence or misrepresentation in the matter of transfer of any share and grant relief commensurate with the appropriate possible relief contemplated under the said section………………….(24) Lawyers Involved: AF Hassan Arif, Senior Advocate, (AQM Safiullah, Advocate with him), instructe..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

.... Division/Chairman, NBR nor by any high ranking authorised officer but by the filing lawyer Mr Matiur Rahman Shah, Advocate himself has made the application without any verification as required under Rule 3(5) of Administrative Tribunal Rules 1982 and, as such, the said petition for restoration of t...... DLR (AD) 221; M Mazid vs lqbal Bahar Choudhury 5 BLC (AD) 7; Nurun Nahar vs Mahammad Fazlur Rahman 27 DLR (AD) 103 & P Satyanarayana vs Land Reforms, Tribunal AIR 1980 AP 149. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Prober Neoz, Advocate with him), i..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....for leave to appeal is directed against the judgment and order of July 13 of 1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 7342 of 1998 discharging the Rule.  2. The Rule, upon an application under section 561A of the Code of Criminal Proce......200 of the Code of Criminal Procedure is “perfectly valid and appropriate”.  Cases Referred to- Tamizul Haque vs. Anisul Huque 1996 BLD (AD) 206 = BLC (AD) 169. Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represe..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....tional interest, have acted in breach of law and the policy formulated by the government and against the-national interest.  11. Upon hearing the parties, the High Court Division made the Rule absolute on the finding that the Evaluation Report was changed, by which the disqualified parti......f law, will, of course, prevail. In the impugned judgement there is no error apparent on the face of the record…………………..(34 & 36)  Lawyers Involved:  Rafique-ul-Huq, Senior Advocate, M Moniruzzaman Khan, Advocate with h..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....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. ...... Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment August 21, 2002. Result: The appeal is dismissed.  Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assista..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....sion in Civil Revision No. 156 of 2002) Judgment Mohammad Fazlul Karim J.- The plaintiff-petitioner seeks leave to appeal against the impugned judgment of the High Court Division making the Rule absolute staying all further proceeding of Money Suit No. 31 of 2001 pending in the 5th Court o......ence to arbitration under section 10 of the Arbitration Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari Lai AIR 1952(SC) 47. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Rokanuddin Mahmud, Senior Advocate (with..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....d the Umpire made the award for the amount as mentioned hereinabove with interest. 4. The plaintiff petitioner took the award to the court of Subordinate Judge, Dhaka for mak­ing the same Rule of the Court and the learned Subordinate Judge made the award rule of the Court for the awarde......oner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate 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).

....sp;          Md. Fazlul Karim, J.- The petitioners seek leave to appeal against the impugned judgment and order of the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the executi......#8209;e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh vs. Md. Shafiuddin, 52 DLR (AD) 76. Lawyers Involved:  Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, Advocate̴..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Abdus Sobhan Biswas Vs. State, 2002, 31 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: 54 DLR (2002) 556. ......ariq ul Hakim J Abdus Sobhan Biswas…….Appellant Vs. State………Respondent Judgment August 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, As..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77