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MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....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. ......e‑on‑Record‑For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 975‑976 of 2001. (From judgment and order dated 10‑8‑2000. passed by the High Court Division in Writ Petition Nos. 4188 of ......ce. Accordingly, the petitions are dismissed. Ed. ...... Appellate Division (Civil) 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..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. ...... for its use as components for the footwear manufactured by the respondent-company. In this respect it was also agreed that the petitioner would make some advance payment to the respondent-company in order to enable it to construct a factory premises and for taking other necessary steps in this rega......he 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. ......03) 478. ..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. ......000. Judgment Md. Muzammel Hossain J.— This appeal at the instance of the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai is directed against the impugned judgment and order dated 20-6‑2000 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati,...... 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. ......stody for some time and thereafter he was enlarged on bail. Earlier, the accused appellant demanding dowry from the informant victim sent her back to her father's house and also thereafter he married one Panna Rani Chakraborty on the basis of Halopnama. When the accused appellant was enlarged on bai..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).
....try of Works not being in conformity with the rules framed under President’s Order XVI of 1972 are not notices in the eye of law; that the house was not listed in the list of abandoned property published by the Government; that respondent accordingly served notice demanding justice without any......nior Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1000 of 1997. (From the judgment and order dated 3rd March 1997 passed by the High Court Division in Writ Petition No. 33 of 1988). ...... impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................Respondent Judgment..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. ...... Md. Ruhul Amin J.- This Appeal, on obtaining leave, by the convicts is against the judgment and order of November 4, 1996 passed by a Single Bench of the High Court Division in Criminal Revision......he sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......st Court of Additional Sessions Judge, Sylhet passed in Criminal Appeal No. 5(4) of 1988 maintaining the conviction passed under sections 468 and 468/109 of the Penal Code and the sentence of one year rigorous imprisonment and to a fine of Taka 3000 each in default to suffer simple imprison..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....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. ......pondents Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affec......find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J SJR Mudassir Husain J AS Ahammed J Kamaluddin (Md) and another...........Petitioners  ..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. ...... Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in 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 Invl......ence. Accordingly, this petition merits no consideration and it is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &..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....... Procedure for confirmation of sentence of death by hanging by neck till his death while convicting Harish under section 6(4) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred b......nd 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....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment ..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)
.... the respondent Nos. 1, 2 and 3 of the writ petition, to perform their public duty under the Constitution and the laws of Bangladesh. 6. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, inviting proposals from local and foreign firms individually or......ate-on-Record—For the Petitioner Not Represented—Respondents. Civil Petition for Leave to Appeal Nos. 504, 510, 516, 617 & 636 of 2002. (From the Judgment and order dated 27-3-2002 passed by the High Court Division in Writ Petition No. 5050 of 2001). ......All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………….Petitioners Vs. Dr. Chowdhury Mahmood Hasan & others…………&he..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. ......against the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff respondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit......No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......eported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....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. ......bsp; Mahmudul Amin Choudhury CJ.- This appeal by leave at the instance of the informant who is the father of victim Masuda Khanam (Hasi) is against judgment and order dated 16‑4‑2001 passed by a Division Bench of the High Court Division in Criminal......asi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ed by a Division Bench on 16‑4‑2001. 3. Leave was granted to consider the following: "Mr. Md Fazlul Karim learned Counsel appearing on behalf of the petitioner submits that victim Masuda Khanam (Hasi) is a minor girl of 15 years who has been kept in the..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....2 of 2000. Judgment Syed Amirul Islam J.- These Rules arise out of a news item in the Daily Manabjamin under the caption "GKwU ivRKxq †K‡j¼vixi LmovÓ published in its issue dated 16-9-2000, corresponding to 1st of Ashwin, 1207 BS. After publication o....... However, the learned Attorney-General then submitted that the said statement of Naimuddin did not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in questi...... of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... (Criminal Miscellaneous Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Jud..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......pondent. Criminal Appeal No. 2445 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of the appellant Hobi Sheikh and Ashraf Ali against judgment and order dated 16‑11-1997 passed by the learned Additional Sessions Judge and Judge, Nari‑o‑Shi......ection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......." He proved the medical certificate, which was marked as Exhibit 3 and his signature was marked as Exhibit 3/1. In cross-examination he stated that the date of examination of the victim was not mentioned in the certificate but 17‑5‑1997 was mentioned in the consent-sheet of the victim. The sear..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......r Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishesh Adalat, Jhal......e set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... they again pleaded not guilty to the allegations brought against them. 6. Upon consideration of the evidence and other exhibited materials on record, the learned trial Court passed the above mentioned conviction and sentence against the 2 accused-appellants and acquitted the other persons by the..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......Not represented-Respondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 makin......in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......D) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Ap......osite Party Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Abdul Kader Khan……………..................Petitioner Vs. Rajshahi Co-operative Town Society Ltd……….Opposite Party ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... Not represented‑Respondent No. 2. Criminal Petition for Leave to Appeal No. 132 of 2000. (From the judgment and order dated 22‑5‑2000 passed by the High Court Division in Miscellaneous Case No. 3869 o...... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......min Chowdhury CJ Md. Ruhul Amin J KM Hasan J Delwar Hossain……………..Petitioner Vs. Rajiur Rahman Chowdhury and ano..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
....eleasing the house, the petitioners were constrained to file case No. 694 of 1987 on 25‑11‑1987 before the Court of Settlement to have the house released from "Ka" list of the abandoned buildings published in the gazette dated 23‑9‑1986. Prior to that the petitioners filed Title Suit No. 536......neral, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represented‑ the Respondents. Civil Petition for Leave to Appeal No.777 of 2000. (From the judgment and order dated 8‑3‑2000 passed by the High Court Division in Writ Petition No. 1631 of 1994). Ju......f the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J AS Ahammed J Government of Bangladesh and another ..........................Petitioners Vs. Golam Rabbani and others ……...........................................Respondent..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......itation Act and it is found that the government has given satisfactory explanation for delay in filing the case where there is substantial public interest involved, there is no wrong in passing the order in condoning the delay. Lawyers Involved: Dr. Rafiqur Rahman, Sen...... of the High Court Division. The petition is therefore, dismissed. Ed. ......preme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Hussain J Abul Kashem & another..................Petitioners Vs. Government of Bangladesh and others..........R..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... Thus Ava Rani Aich and Dharanindra Aich remained in possession of the suit property of late Binayendra Aich in assertion of their right, title and possession thereon. The record of right was finally published in the name of their heirs. They sold the suit land by registered kabala dated 31‑1‑19......ftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1‑9‑Ex‑parte. Civil Appeal Nos. 13 & 14 of 1996. (From the judgement and order dated 15‑1‑1995 passed by the High Court Division in Civil Revision Nos. 2407 & 7793 o......thout any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......his judgement dated 18‑3‑1991. Against Title Suit No. 172 of 1985 no appeal was preferred. 8. The plaintiff respondent's case in Title Suit No. 171 of 1985 is that, the property mentioned in the schedule 1 of the plaint originally belonged to three brothers, namely, Mahim Chandra Ai..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148