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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. ....... Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge 2, ...... this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......und the accused-appellant guilty for the offence charged and, as such, convicted him thereunder and sentenced to suffer imprisonment for the terms as well as to pay a fine with default clause as mentioned above. The learned trial Court, however, found the rest accused not guilty of the offence charg..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka in the 'Ka' list of the abandoned property published on 23rd September 1986 in the Bangladesh Gazette Extraordinary at No. 9762(14) against ser...... Advocate, instructed by Md. Wahidullah, Advocate‑on‑Record‑ For Respondent Nos. 1‑2. Not represented‑ Respondent No. 3. Civil Appeal No. 47 of 2000. (From the judgment and order dated 9‑11‑1997 passed by the High Court Division in Writ Petition No. 1320 of 1993). ......2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a......93 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka in the 'Ka' list of the abandoned property published on 23rd September 1986 in the Bangladesh Gazette Extraordinary at No. 9762(1..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. ...... the Opposite Parties. Civil Revision No.2603 of 1992. Judgment MM Ruhul Amin J.- This Rule was issued calling upon the opposite party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not be set aside and/or such other or further order or or......ecord at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......LR (2005) 307. ..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. ......sued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petition No.3705 of 2001. 2. The facts may b......e contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......zia Satter……………………………………………………………Petitioner Vs. Mr. Azizul Huq and two others………………&hel..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. ...... Advocate‑on‑Record. For the Petitioners. Not represented‑ The Respondent. Criminal Petition for Leave to Appeal No. 21 of 2002. (From the judgment and order dated August 7, 2001 of the High Court Division in Criminal Appeal No. 1151 of 1994.) J...... the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zahed Ali Foreman (Driver) and others .....................Petitioner ..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. ......……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 materials on record are......r as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......ly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... 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: ......01 passed by the High Court Division in Civil Revision No. 1967 of 1999). Judgment Mohammad Fazlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts ......appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......bordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tr..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. ......nbsp;Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 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 Mi...... rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ....... ..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. ......mp; 6(b) A co-applicant, if a co-sharer by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determ......ent of the High Court Division. The petition is dismissed. Ed. ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Jud..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)
....It has been stated by the writ‑petitioners that they were not aware of Corporation's resolution dated July 18, 1993 and that the said resolution was not approved by the Government, nor the same was published in the official gazette. 5. The Rules have been contested by the respondent No. 1, Bang......ence between the work actually undertaken on the flights by any permanent stewardesses on the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisation order set out its revised Organisation Chart of Flight Service Department, inter alia, it stated tha......ssed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......e. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30,..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....... State-Respondent. Criminal Appeal No.3689 of 2001. Judgment Sikder Maqbul Huq J.-This appeal under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against the order dated 17‑9-2001 passed in Nari‑o‑Shishu Nirjatan Aparad Daman Tribunal Case No.395 of ......he case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588....... filed report which came before the learned Nari‑o‑Shishu Nirjatan Aparad Daman Bishesh Adalat, Habigonj on 17‑9-2001 for hearing. The learned Adalat rejected the Naraji petition as the petitioner was found absent on call and after hearing the public prosecutor accepted the final report, dis..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......nbsp; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801......of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... Class, upazila Nabinagar, Brahmanbaria in CR Case No. 269 of 1986 convicting the appellant under section 6(5) of the Muslim Family Laws Ordinance, 1961 (the Ordinance) and sentencing him to suffer one year rigorous imprisonment. The respondent No. 1 filed petition of complaint on Aug..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....ay and directed holding of the said AGM with due notices to the said Akhtaruzzaman Chowdhury and his wife Mrs. Nurun Nahar Chowdhury through registered post. In due course, notices were issued and published in the newspapers on l2th August, 1999, for holding its 15th and 16th AGMs on 15th Septe......able to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an app......suffer from any infirmity for our interference. The petition is dismissed. Ed. ......inur Reza Chowdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents&n..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 2. B Hossain, Advocate‑on‑Record‑For Respondent No. 3. Criminal Appeal No. 26 of 2002. (From the judgment and order dated 18‑2‑2002 passed by the High Court Division in Criminal Revision No. 664 of 2001). ......de with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ntaining the conviction and sentence of imprisonment for 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. 2. The prosecution case is that, the complainant petitioner and convict respondents are partners and run the business in the name of Homeland Footwear Ltd...Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......t and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993). Judgment Md. Ruhul Amin J. - The instant appeal, by leave, is against the judgment and order dated April 28, 1998 of a Single Bench of the High Court Division in Criminal Appeal No.1039 o......ed of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......igh Court Division in Criminal Appeal No.1039 of 1993. The High Court Division by the aforesaid judgment dismissed the appeal of the present appellant upon modification of sentence of 3 years to one year and the fine of Tk. 52,000/- to Tk. 39,000/-, in default to suffer rigorous imprisonment fo..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ar. Suo Moto Order No. 248 of 2003. Judgment Amirul Kabir Chowdhury J. - At the instance of Mr. M. Idrsur Rahman, a learned Advocate of this Court our attention was drawn to the news published in “Daily Prothom Alo” dated 4 January 2003 in captioned “ঢাকা কেন্......(Special Original Jurisdiction) Present: Amirul 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, At......the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ...... Kabir Chowdhury J. - At the instance of Mr. M. Idrsur Rahman, a learned Advocate of this Court our attention was drawn to the news published in “Daily Prothom Alo” dated 4 January 2003 in captioned “ঢাকা কেন্দ্রীয় কারাগারে প্রায় ৪০০ ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....) and the instructions issued from time to time by the Election Commission. As per rule 6 of the Election Rules, 1983, it is the Returning Officer who has the authority to set up polling stations and publish the list of such stations at least 15 days before the polling day locally at some prominent ......s‑For the Opposite Parties. Civil Revision No.509 of 2003. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 ...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Sazzadul Haque Liku (Md.) and others……………...Petitioner Vs. Sarder Anwar Hossain and others…………………....Opposite Parties Judgm....... ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Not represented‑Respondent Nos. 2‑17. Civil Appeal Nos. 443 and 444 of 2001. (From the judgment and order dated 2‑7‑2001 passed by the High Court Division in Writ Petition No. 456 of 2001)......DLR (AD) (2003) 104. ...... The Civil Appeal No. 444 of 2001 is by the Chairman, Bangladesh Agricultural Development Corporation (BADC), Dhaka. 4. The facts, in short, are that, the writ petitioner‑respondent, Chowdhury Md. Mahfuzul Islam, in Civil Appeal No. 443 of 2001 was appointed a..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......alul Hossain, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate‑on‑Record‑For Respondent No. 2. Civil Appeal No. 40 of 1999. (From the judgment and order dated 20‑8‑1995 passed by the High Court Division in Company Matter No. 61 of 19......the above the appeal is allowed without any order as to costs. Ed. ......he basis of an understanding between the appellant and the respondent No. 2 to look into the matter, a three member committee was set up. It appears from the minutes of the 89th Board Meeting, one of the Directors of the Company, Mr. Faruk A. Chowdhury proposed that instead of register..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......ess is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, A......d no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......llate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Mobarak Hossain alias Mobarak ....................Petitioner Vs. State ……………………&hellip..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
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