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Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....vision (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 Judgement August......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. ......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. ......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)
....l Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August ......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.......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.......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).
.... conveniently dealt with in writ jurisdiction……………………….(7) Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD)......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......#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. ......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. ......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
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......al 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 Tribunal, Chittagong, in Special Tribunal Case N......dent Judgment August 5, 2002. Result: The appeal is dismissed. Cases Referred to- Shamsul Alam Vs. State, 6 MLR 297; Kamruzzaman Vs. State, 1990 BLD (AD) 190; 42 DLR (AD) 219. Lawyers Involved: Mujibur Rahman with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md...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 ......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 ......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 ......llants Vs. State……………………………Respondent Judgment July 31, 2002 Result: The Appeal is allowed. Lawyers Involved: Abdul Malek, Advocate- For the Appellants. None appears- For the State. ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....slam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two shall be pers......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. ......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. ........Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Man..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by Sharifuddin Chaklader, ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents&n......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......al) Rule, 1976. Cases referred to- Habibullah Khan vs. Shah Azharuddin Ahmed and others, 35 DLR (AD) 72, Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved: KS Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate&..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ue dated 15‑4‑2001 for Taka 30 lakh, cheque dated 15‑5‑2001 for Taka 15.00 lakh and cheque dated 30‑5‑2001 for Taka 15.00 lakh in favour of the petitioner in its account maintained in the National Bank Ltd., Foreign Exchange Branch, Dhaka, for a total amount of Taka 60,00,000 but when th...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment July 21, 2002. Result: This petition is allowed. Lawyers Involved: Dr. M Zahir Senior Advocate with Shah Muhammad Ezaj Rahman, Advocate—For the ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......peal is allowed. Cases Referred to- Abul Kalam and others Vs. Abu Daud Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
.... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petiti......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......llip;…………………...(6) Case Referred to- Buxly Paints (Bangladesh) Ltd. vs. Bangladesh, 31 DLR (AD) 266. Lawyers Involved: Fida M Kamal, Additional Attorney‑General instructed by Md. Ataur Rah..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat 117. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....p; Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents Judgment July 6, 2002. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......g functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the intermediate steps……(4) Lawyers Involved: Sharifuddin Chaklader, Advocate‑on‑Record‑For the Petitio..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......n a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain an order of the court showing the changed circumstance. Lawyers Invloved: A J Mohammad Ali Senior Advocate instructed by Sharifuddin Chaklader,..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Priso..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
..... Dr. Chowdhury Mahmood Hasan & others…………………….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......s should shock the judicial conscience and force it to leave aside additional procedure which shackles the locus standi and gives standing to the petitioners…….(73) Lawyers Involved: Rafique-ul Huq, Senior Advocate, (M Moniruzzaman Khan, Advocate with him)..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ...... The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Prabir Haider Advocate..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15) Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun K......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......adesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun Karmakar vs State 7 MLR (AD) 82 = 7 BLC (AD) 61; Md Sayedul Arefin vs YO Gafur AIR 1916 (PC) 242. Lawyers Involved: Md. Fazlul Karim Senior Advocate Shahidul Islam, Advocate with him instru..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74