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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.  ...... Not represented‑Respondent Nos. 4‑268.   Civil Petition for Leave to Appeal No. 1378 of 2002.    (From the judgment and order dated 25th August, 2002 passed by the High Court Division in First Miscellaneous Appeal Tender......   Appellate Division   (Civil)   Present:   Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Humayun M Vohra ...........   Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Humayun M Vohra .........Petitioner   Vs.   ESPN Star Sports and others&hel..

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

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

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 694 of 2002. (From the judgement and order dated 4‑3‑2002 passed by the High Court Division in Civil Revision No. 4925 of 20...... leave petition is dismissed. Ed. ......Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………&hell..

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

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

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgment  Md. 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...... Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... 2, 1983 in the Office of the Upazila Revenue Officer and thereupon the Upazila Revenues officer directed the plaintiff to file appeal against his order in the office of the Additional Deputy Commissioner, Revenue, Pirojpur and the plaintiff filed an appeal, being No. 91 of 1982 in the office of the..

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

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

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......ossain, Advocate‑on‑Record‑For the Respondent (In Civil Appeal No. 97 of 2000).   Civil Appeal Nos. 97 and 98 of 2000.   (From the judgment and order dated 21st June 1999 passed by the High Court Division in First Appeal No. 371 of 1996). ...... Supreme Court   Appellate Division   (Civil)   Present:   Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others .................                 Mohammad Fazlul Karim J.- These two appeals by leave arose out of the selfsame arbitration proceeding, one at the instance of Janab Md. Asalat Zaman, the Contractor (in Civil Appeal No. 97 of 2000) and a..

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)

....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......            Md. Ruhul Amin J: Delay of 7 days is condoned.  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 ...... have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......fect.  Accordingly the petition is dismissed.  Ed. ..

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)

....ation of the materials on record that in the Board meeting of the Intermediate and Secondary Education Board, Jessore, an Enquiry Committee was formed to inquire into the correctness of allegation as published in different newspapers and to report regarding involvement of the officers and employees ......                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......rned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ...... Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment ..

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

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

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......Revision No. 1111 of 2002. Judgment Faruque Ahmed J.—This Rule at the instance of the defendant-petitioner was issued directing the plaintiff-opposite No.1 to show cause as to why the order 12‑2‑2002 passed by the learned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. ......HCD) (2003) 523. ..

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: ......ecord‑For the Appellants. Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 28 of 1997. (From the judgment and order dated 13th August 1992 passed by the High Court Division in Matter No. 34 of 1989). Judgme......judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......hen floated in the year 1978 had 5 share holders, present respondent No. 1 and his wife respondent No. 2 were two of the shareholders while the original respondent No. 2 Tofayel Ahmed, his wife petitioner No.2 (respondent No.33) and his younger brother's wife respondent No. 4 were the other share ho..

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

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

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......ve remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Co...... Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......ministrative Tribunal through their penal lawyer Mr. Md. Motiur Rahman Shah. 2‑4‑2000 was fixed for filing of written objection, on that date though the said filing lawyer was present but one Mr. Taherul Islam filed power purportedly executed by the Chairman of the National Board of Reve..

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

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

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ...... Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Criminal Petition No. 227 of 1999. (From the judgment and order of July 13 of 1999 passed by a Division Bench of the High Court Division in Criminal Miscella...... the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......reme Court  Appellate Division (Criminal) Present:  Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents   Judg..

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

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

....on   of the   grounds   urged   by   the petitioners for review of the judgment.  3. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, from local and foreign firms individually or under joint venture......  Not Represented—Respondent Nos. 1-3, 9-11. (In Civil Review Petition No. 80 of 2002).  Civil Review Petition Nos. 79, 78 & 80 of 2002 (From the judgment and order dated 2-7-200 by the Appellate Division in Civil Petition Nos. 504, 510 and 617 of 2002  ......y Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J  Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Resp..

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. ......im) instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos.1 & 3. Not represented-Respondent No.2. Civil Appeal No.38 of 1994. (From the judgment and order dated 3.8.1993 passed by the Appellate Division in First Appeal No. 52 of 1990). Jud......out any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......n) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town of the Dhaka Improvement Trust for a Consideration of Tk. 90,000/- (Taka Ninety thousand). Out of total consideration money the respondent No.1 paid Tk. 50,000/- (Taka Fifty thousand) as earnest money on 11.7.1970. It ..

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

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

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......vi. Md. Wahidullah, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1 and 3—12. Civil Petition for Leave to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) ......etition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Jud..

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

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

....alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......the learned Subordinate Judge made the award rule of the Court for the awarded amount of Tk. 2,01,52,289.84. The learned Subordinate Judge while making the award rule of the court did not pass any order as to interest on the decreetal amount i.e. on the awarded amount of TK. 2,01,52,289. 84 from......issed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......udhury CJ Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents ..

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).

....Ain. The writ petition has been filed challenging the legality in conducting the auction sale of the mortgaged property in Title Execution Case No. 38 of 1994 though any irregularity or illegality in publishing and conducting the auction sale could be decided by the executing Court and not in writ j......‑on‑Record‑For Respondent No. 2.  Not represented‑Respondent No. 1.  Civil Petition for Leave to Appeal No. 1346 of 2001. (From the judgment and order dated 25th June 2001 passed by the High Court Division in Writ Petition No. 2798 of 1998).&nbs......erence impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......resent: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J  Antibiotic Stores & others    .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another………&h..

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. ......2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-Shis......his judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......The prosecution case is that the informant on 18-11-1996 in good faith at the suggestion of the accused appellant allowed his wife Rashida to accompany the accused to the office of the Deputy Commissioner, Rajbari to collect charitable relief of taka 1800 since his homestead was burnt in a fire. On ..

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

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....se of Special Tribunal taken as a condition precedent for publication of proclamation under section 27(6) of the Special Powers Act then no illegality has been committed by the Special Tribunal by publishing the same in two Bengali daily newspapers having wide circulation directing the abscondi......ey-General—For Respondent No.1. Criminal Appeal No.2381 of 1998. Judgment Md. Muzammel Hossain J.—This appeal at the instance of the accused appellants is directed against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special......Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......nce, 1983 (Ordinance No. LX of 1983) without service of summons upon the absconding accused namely, Jamal, Yunus and Abu Bakkar or any return thereof. 2. The prosecution case, in brief, is that one Md. Abdul Aziz lodged an ejahar with the Lohagara Police Station of Chittagong on 5‑1‑1995 a..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... the State. Criminal Appeal No. 281 of 1986 And Re-Criminal Appeal No. 46 of 1988 Judgment Md. Abdul Aziz J.- This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No......ve bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ellip;…………Respondent Judgment July 31, 2002 Result: The Appeal is allowed. Lawyers Involved: Abdul Malek, Advocate- For the Appellants. None appears- For the State. Criminal Appeal No. 281 of 1986 And Re-Criminal Appeal No. ..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......ising of their Lordships Mr. Justice Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nal Miscellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Responden..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....smissing the same. The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy property and that the notification dated July 31, 1965 published in the Dhaka Gazette dated November 4, 1965 notifying the property as evacue/enemy proper......ondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This petition for leave to appeal is against the judgment and order of July 10, 2001 of a Single Bench of the High Court Division in Civil Revision No. 110 of 19......also Reported in: 55 DLR (AD) (2003) 39.  ...... (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others ……………………. Respondents ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175