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Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ......in, Advocate‑on‑Record‑For the Respondents. Not Represented‑The Respondents. Civil Review Petition Nos. 27 and 28 of 2000.  (From the judgment and order dated 5th March 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal ....... Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ......houdhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others………………&hell..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......t December 12, 2001. Result: The petition is dismissed. Fugitive from law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: M......er we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......bsp; 55 DLR (AD) (2003) 131.  ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....o, indecently bared her body in full view of the public. The incident of violence, torture and atrocity upon her by police and incident of pitting shame and humilia­tion had been photographed and published in all the Daily Newspapers, the Complainant-petitioner out of shame and humiliation went ......f Human Right (BSEHR). The Metropolitan Magistrate, Dhaka to ascertain the foundation of the allegations made in the petitions of complaints against some Police persons charged for indictable offence ordered for Judicial Inquiry in the presence of High Police Officer and Police representative and th......omplaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......esent: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad Shamsur Rahman, Metropolitan Magistrate, Dhaka. 2. The Chief..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... Senior Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates­- Special appointment by the Government.  Criminal Appeal No. 39 of 2001.  (From judgment and order dated 22nd day of August, 2001 passed by the High Court Division in Criminal Miscellaneous Cas......Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ench of the High Court Division. Leave was granted by this Division to consider the following:  "Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing on behalf of the petitioner, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......titioners.   Not represented‑ The Respondents.   Civil Petition for Leave to Appeal No. 1532 of 2001.   (From the judgment and order dated 2‑7‑2001 passed by the High Court Division in FMA No. 549 of 2001). &......5 DLR (AD) (2003) 61.  ...... Mahmudul Amin Choudhury CJ   Md. Gholam Rabbani J   Md. Fazlul Karim J    Mahbubur Rahman and others……..Petitioners   Vs.   Agrani Bank and another........Responden..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ...... ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Cal...... — For the Petitioner. Shamim Khaled Ahmed, Advocate — For the Opposite Parties. Civil Revision No. 3474 of 1994. Judgment Md. Abdur Rashid J. - The above Rule was obtained by the judgment debtor upon making an application under section 115 of the Code of Civil Proced......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 200..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......olative of the consistent/repeated directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of conviction and sentence dated 1-12-1998 passed by Mr. Ikteder Ahmed, Bicharak (District and......cial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... High Court Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Md. Arayes Uddin J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Res..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......klader Advocate-on-Record — For the Respondent No. 2. Not represented — Respondent Nos. 1, 3 & 4. Civil Petition for Leave to Appeal No. 483 of 2001. (From judgment and order dated 6-2-2001 passed by the High Court Division in Writ Petition No. 2722 of 2000). Judg......s accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......vision (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......ction 561A of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 1156 of 1999. A Division Bench made the Rule absolute and quashed the said proceedings against them by the judgment and order dated 17-8-99 which is impugned in the instant appeal.  5. The High Court Division......d criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......d the proceedings on the reasonings which are quoted from the judgment as hereunder: "The statement as made in the FIR shows that there was a 'request' on behalf of the present petitioner No. 1 for giving delivery of the stock to the importer. In so many cases it has been finally de..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......nbsp;               Md. Ruhul Amin J.- The instant appeal by leave at the instance of defendant No. 1 is against the judgment and order of July 28, 1996 of the High Court Division in First Appeal No. 343 of 1970 allowing the appea...... (AD) (2002) 7.  ......ssor of defendant Nos. 5-9, got in his exclusive share the land described in Schedule 1(a), that he and his two other brothers had rent receiving interest in the land of Schedule 2, that he purchased one-third of the land described in Schedule 2 in the benami of his son, defendant No. 1, and his wif..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....her of petitioner No, 2 to 6. The said property was taken over as Abandoned Property and allotted to contemnor No.3 by the Government. The same was ultimately listed in Ka list of Abandoned Buildings published in Bangladesh Gazette (Extraordinary) on 23-9-l986 under Ordinance No. 54 of 1985. The con......t No. 3   Ex Parte — Respondent Nos. 1, 2, 4-6.   Criminal Appeal No. 41 of 2000.   (From the judgment and order dated 10-7-2000 passed by the High Court Division in Contempt Petition No. 18 of 2000 arising ......   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ...... The Contempt of Courts Act, 1926 (XII of 1926)    In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in con..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......ppeal No. 337 of 1997 (From judgment dated 30th January, 1997 in Appeal No. 96 of 1992 of the Administrative Appellate Tribunal, Dhaka allowing the appeal upon setting aside the judgment and order dated 17th October, 1992 of the Administrative Tribunal in Administrative Tribunal Case No. ......nbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ...... Mainur Reza Chowdhury J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Res..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....all not be liable for the illegal fake registration and take appropriate action accordingly. The results of those petitioners, if any, who are found to be not liable for the fake registration must be published……………. (49) Cases Referred to- Abdur Saboor Kh......in 18 PLR (SC) 422 their Lordships in the Supreme Court observed: "This is the principle embodied in the maxim audi alteram partem and has been applied by this Court in the other case where orders passed by administrative tribunal or authorities, affecting the rights of citizens, in point ......Reported in: 57 DLR (2005) 698.                   ...... Md. Anwarul Haque J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others……………..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......ucted by Chowdhury M Jahangir Advocate‑on‑Record‑For the Respondents.   Civil Appeal No. 55 of 2000.   (From the judgment and order dated 4th February 1999 passed by the High Court Division in Civil Revision No. 4156 of 1997).......; 55 DLR (AD) (2003) 79.  ......; 3. Defendant Nos. 1‑4 contested the suit filing jointly written statement and claimed leasehold right under defendant No. 5, the Assistant Custodian and Additional Deputy Commissioner (Revenue).   4. Defendant No. 5 contested the suit stating that ..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......;               Md. Fazlul Karim J.- This petition for leave to appeal by the petitioner Board is directed against judgment and order dated 27‑11‑2000 passed in Writ Petition No. 5537 of 2000 discharging the Rule t......o 2(e).  The petition is accordingly, dismissed. Ed. ...... Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & others.....Respondents .&nb..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......No 5 (In both the appeals). Ahsanullah Patwari, Advocate on Record –For Respondent Nos. 1-4 (In both appeal). Civil Appeal Nos. 1 and 2 of 2001. (From the judgment and order dated 2nd November 2000 passed by the High Court Division in Writ Petition Nos. 3259 of 2000 ......d without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......eswar Angaria Route and their down service No.2 reach WAPDA Ghat at 8-00 hours and due to recession of navigation in the river the same service depart at the same time i.e. 8-00 hours and the petitioners in the summer ply their 7 vessels by rotation  in three services for inadequacy of pass..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......p;          Md. Ruhul Amin J.- Respondent No. 1 of the Writ Petition No. 1041 of 2000 has filed this petition for leave to appeal against the judgment and order dated 10th August, 2000 by a Division Bench of the High Court Division making the Rule absolut...... of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......l) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents   Judgment ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ellip;..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-1......tioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AK Badrul Huq J AFM Mesbahuddin J Mohashin Ali Pramanik.........................Accused-Petitioner Vs. State…………………..…….O..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......r Advocate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997.   (From the judgment and order dated 4-6-1997 passed by the High Court Division in Civil Revision No.5010 of 1991 (Dhaka), Ci....... Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......mudul Amin Chowdhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Fazlul Karim J   Abdur Noor and others……………………Petitioners   Vs.   Mahmood Ali and others………………… Respondents ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......ocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 784 of 1997. (From the judgment and order dated 24th July 1997 passed by the High Court Division in Writ Petition No. 2956 of 1997). ......ummarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J M Gholam Rabbani J Md. Ruhul Amin J  Md. Fazlul Karim J Gazi M Towfic...........................Petitioner Vs. Agrani Bank and others.....................Respondents Judgment May 29, 2001. ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145