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Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....it Petition No. 5464 of 2004 Judgment Nozrul Islam Chowdhury J.- This writ petition was filed before this Court invoking Article 102 read with Article 44 of the Constitution of the People’s Republic of Bangladesh seeking production of accused Shaibal Saha Partha now being detained in Dhaka......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ents. Writ Petition No.5479 of 2003. Judgment Md. Joynul Abedin J.- This Rule was obtained by the petitioner on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned orders vide......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ondents. Writ Petition No. 5114 of 2003. Judgment ABM Khairul Haque J.- This Rule Nisi was issued at the instance of Ayub Ali Chowdhury, calling upon the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and six others t......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......rocured. Had it examined the arbitration agreement and the relevant law as mentioned above it would have definitely found the award a nullity. 30. Scope of section 17 was first considered by the Pakistan Supreme Court in M/s Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....s. Murad Begum, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers involved: Abdul Wadud Bhuiyan with......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......lf of the plaintiff as his licensee on condition that he would vacate the premises when demanded by the plaintiff. The plaintiff thereafter permanently left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the dispute..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....r Khan vs Controller, State Duty, 14 DLR (SC) 276, Zobaida Nahar @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 DLR (AD) 92. Lawyers Involved: Mu...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....spective effect but law made under Article 133 of the Constitution will have only prospective effect since it only regulates the appointment and condition of services of persons in the service of the Republic and, as such, the seniority in service meaning actual length of service which cannot be det......ion of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....while disposing of the application under Article 102 of the Constitution without issuance of any Rule. 2. It appears that an application under Article 102 of the Constitution of the People's Republic of Bangladesh was affirmed on 24th February 2004 challenging the aforesaid order of removal......ution. ………………..(9 & 10) Cases Referred to- Md. Amir Khan vs. Controller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. L..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......346; Dhaka Leather Complex Vs. Sikder Construction Ltd. and another, 12 BLT 17; MOL Enterprise Inc Vs. Bangladesh, 4 BLC 407; Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 45 DLR 89; Province of East Pakistan Vs. Messrs Architect Engineering Co., 20 DLR (AD) 469; Puri Construction Pvt. Ltd. Vs. Unio..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....nbsp; Md. Fazlul Karim J.- The convict‑petitioner (condemned‑prisoner) seeks leave to appeal on a petition under Article 105 of the Constitution of the People's Republic of Bangladesh for review of the judgment and order dated 9‑12‑2003 passed by t......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....onstitution of Bangladesh, 1972 Article 9 The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the sa......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... partition of India in this Sub‑continent by the sovereign states now in existence. In India they repealed and replaced the 1913 Act by Act of 1956. In Bangladesh it is the Company Act, 1994 and in Pakistan also it is the Company Ordinance, 1994 but in none of these enactments the expression '..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......he ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holdi..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......tness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason. "Interestedness" has been defined by the Supreme Court of Pakistan in the case of Nazir and others Vs. State PLD 1962 SC 269=14 DLR (SC) 159 in the terms that..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......ry wall and other constructions were made at a huge cost with the fund provided by the government and the then government and non‑government organisations and the then governor of the then East Pakistan opened the same ceremonially. After liberation of country the then Member of Parliament Mr...Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ent. 14. The learned Counsel has further submitted that no mandamus lies in the contract matters unless the contract was entered into pursuant to statutory duty in exercise of the function of the Republic wherein the terms and conditions of the contract are specified in the statute and in suppor...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....or the petitioners submit that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 is violative of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh inasmuch as it gives an arbitrary, unfettered and unreasonable power to the G...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and ot...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139