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Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... No. 78 of 1994 before this Division against the judgment and order dated 3.8.1993 and leave was granted on 19.6.1994 to consider the following grounds- "Mr. B Hossain, learned Deputy Attorney General appearing for the Government defendant appellants submits first, that cla......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. ..............Respondents Judgment August 21, 2002. Result: The appeal is dismissed. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahman Khan,......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. ..

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. ......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. ......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. ..

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

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....or life. 2. 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......g the night in the same room but he did not hear any shouting or commotion at the time. He further stated that the victim did not tell him anything about the accused at that time. 18. PW 9 the Sub-Inspector of Rajbari Thana and officer of the case after investigation submitted charge-sheet agains......1, 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, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul Hakim ......orning the victim returned home and reported the occurrence to her husband who filed a complaint case before a Magistrate having the competent jurisdiction at Rajbari who sent the petition to Rajbari Police Station for treating it as a first information report and accordingly, the aforesaid PS Rajba..

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

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

....s Involved: Mujibur Rahman with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—For the Added-Respondent. Golam Kibria, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For Respondent No.1.......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. ......ujibur Rahman with Abdus Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—For the Added-Respondent. Golam Kibria, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For Respondent No.1. Criminal App......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 at 14.35 hours alleging, inter alia, his daughter, Has..

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 ...... SI Md. Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. Police submitted charge-sheet against the appellants under section 304 of the Penal Code a..

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

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

....m, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant Attorney-General-For the Opposit......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. ......olved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant Attorn......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. ..

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

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

....m‑Magistrate, 1st Class, Udaypur, Tripura, that on their coming over to then East Pakistan they submitted the said Irrevocable Power of Attorney in the form of exchange deed in the Office of the Deputy Commissioner, (Revenue) Comilla and the same was duly re‑stamped by the Deputy Commissione......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. ......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. ..

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

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. ...... 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. ...... 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. ......001 and forcibly took away the relevant file regarding the transactions between the petitioner and the respondent-company and a GD entry was made to that effect on 21st July, 2001, with the Motijheel Police Station (Annexure 1). The respondent-company, however, admitted that it had entered into a co..

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. ......u 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. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal Appeal No. 1545 of 2000. Judgment Md. Muzammel Hossa......reatment she came back home and filed a petition of complaint before the Magistrate Court. Thereafter, by the order of the Magistrate the complaint petition was treated as FIR. Accordingly, Jhalakati Police Station Case No.25 dated 25‑5‑1999 under section 19(2) of Nari-o-Shishu Nirjatan Daman (B..

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).

....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. ......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 Rahman Khan, Advocate-on-Record‑For the Petitioners. ......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. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....High Court in the case of Ali Akbar vs. State reported in 10 DLR 354 in the background of the case of the prosecution that the appellant as Head Clerk of the Election Department under the Election Deputy Collector, had forged a Work Register said to have been maintained by him by making certain ......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. ......agpur 12 and AIR 1969 Guzrat 117. Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Abdur Razzaque Khan, Additional Attorney‑General, with Md. Faisal H Khan, Assistant Attorney‑General, instructed by Sharifuddin Chakl......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. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....vember 2, 2000 of the High Court Division in Writ Petition No. 855 of 2000 discharging the Rule. Petitioner filed the aforesaid writ petition challenging legality of the letter of the Additional Deputy Commissioner (Revenue). Sylhet directing the respondent Nos. 9‑12 herein to take steps ......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. ......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. ..

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. ......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. ..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....ahjahan 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 Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant At......on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the informant Ali Ahmed lodged First Information Report at Narsingdi Police Station. 3. Sub-Inspector of Police Md. Renu Miah investigated the case and submitted charge-sheet against 6(six) ac......12; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant Attorney-General�......eck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the informant Ali Ahmed lodged First Information Report at Narsingdi Police Station. 3. Sub-Inspector of Police Md. Renu Miah investigated the case and submitted ch..

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)

....vocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. AF Hassan Ariff, Attorney-General, (Fida M Kamal, Additional Attorney-General and Adilur Rahman Khan, Deputy Attorney-General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record—For...... 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. ...... Advocate-on-Record—For the Petitioners. Abdur Razzak Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. AF Hassan Ariff, Attorney-General, (Fida M Kamal, Additional Attorney-General and Adilur Rahman Khan, Deputy Attorney-General...... 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. ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

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. ......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. ......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. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....urt, 1974 1 SCC 374, Saleem Ullah Vs. The State, 44 DLR (AD) 309. Lawyers Involved: Mahmudul Islam, Attorney-General with Mahbubey Alam, Additional Attorney-General and Bazlur Rahman Chana, Deputy Attorney-General-For the Petitioner Rokanuddin Mahmud with MK Rahman, Awsafur Rahman, Sh......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ....... 10, AIR 1950 ALL 556 (FB), AIR 1982 149, AIR 1936 AC. 322, AIR 1936 PC 141, AIR 1978 SC. 727, (1978) 3 SCR 162, AIR 1965 SC. 745, (1965) 1 SCR 413, AIR 1943 PC 202, 19 DLR 354, 16 DLR 393, Attorney-General of Pakistan Vs. Abdul Hamid and others, 15 DLR (SC) 96, Nelson’s Case (16 DLR SC 535),......okar Cooper’s case, AIR 1970 SC 564, Vishwanath, 1990 CrLJ 2179, R. Vs. Gray (1900) 2 QB 36, Ambard Vs. Attorney-General of Trinidad and Tobago (1936) All England Report 704, R Vs. Metropolitan Police Commissioner (1968) 2 All ER 139, Home Office Vs. Harman (1982) All ER 532, 44 DLR (AD) 309, ..

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. ......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. ......137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advocates-For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 2445 of 1997. Judgment Md. Sha......reatment. Fazal Khan, father of Fazila Khatun, being informant lodged first information report on 12‑5‑1997 at 12:45 hours upon which Razoir PS Case No.6 dated 8‑5-1997 was started. 3. Police investigated the case, Submitted charge‑sheet against the convict appellant under sections ..

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.......hman has proved the Medical Report submitted by him about age of the victim girl, which is marked Exhibit 3. According to the said report, the age of the victim girl was 15/16 years. 21. PW 10 Sub-Inspector of Police, Md. Shajahan investigated the case and he gave testimony about his investigatio...... State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respondent. Criminal Appeal No. 1709 of 2000. Judgment Khondker Musa Kha......nths by the same judgment. 2. The prosecution case, in brief, is that the victim Salma Akhter, aged about 12 (twelve) years, used to reside in her parents’ house at village Toukata under Nalcity Police Station, Jhalakati. The accused Parul Begum is distantly related to her and she used to resid..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

....sh, Mongal Mia died in the case house leaving behind the petitioners as his only heirs. The petitioners had lived in the case house by paying rent to the Government till 24‑4‑1975 on which date a Deputy Secretary of the Ministry of Public Works forcibly evicted the petitioners although the house....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......abandonment of the case building when a suit challenging the abandoned character of the property is pending in a competent civil Court. Lawyers Involved: A J Mohammad Ali, Additional Attorney‑General, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represente....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

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