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M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......cted the respondents to deliver the vessel to the petitioner on furnishing bank guarantee against the dues claimed. On receipt of bank guarantees, the Chittagong Port Authority released the vessel in terms of the order passed by the Court. Subsequently, it was detected that the petitioner furnished ......tion is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
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. ...... in India along with 10 shares of Nipuchapur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the deed of agreement a deed of exchange was executed on behalf of Sudhir Kamal Sen and hi...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......the loan of Taka 99,50,000 and offered to mortgage the property of the plaintiff which was given in mortgage against the loans of Shawkat Ali. Defendant bank sanctioned Bai-Muajjal facility and, in terms of the facility the plaintiff on 17‑3‑1988 executed a memorandum of deposit of title dee......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Oriental Bank Ltd. ..........Petitioner Vs. Rina Alam and another ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......to set it aside, and setting it aside where the Judgment, though regular, has been obtained through some slip or error on the part of the defendant, in which case the Court has a discretion to impose terms as a condition of granting the defendant relief." Relying on the aforesaid principle the le...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......cruitment. This would be further apparent from clause 9 of the said offer of appointment as under: (ix) Your seniority inter‑se among the officers" of your batch i.e. those who are appointed in terms of the condition (i), will be determined on the basis of merit evaluated on the total of the f......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of EstablishÂment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......n abscondence), son of Abdul Goni Faraji of village-Tali Khail, Police Station Bhandaria, District Pirojpur and put him behind the bars. D. Death sentence imposed upon him to be executed in terms of the Judgment recorded in Sessions Case No.46 of 2000. E. Copy be forwarded for informa......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......iruddin Vs. Zahurul Islam Chowdhury and another reported in 35 DLR (AD) 230 wherein this Division noticed that a Full Bench of the Dhaka High Court Division had held by majority decision that the two terms that 'non-agricultural land' and 'holding' are synonymous carrying the same meaning, but this ......l Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
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. ...... company could perform the work in time, enclosure A. Modified design of pile reinforcement was approved on repeated requests of the company to ease its work. The time of execution of the work as per terms of the contract expired on 1‑10‑1995. The company prayed for extension of the time on 3‑......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke the writâ......is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......, that the writ‑petitioner was appointed as Special Public Prosecutor to conduct hearing of the Session Case No. 120 of 1993 alone and, m such, he did not acquire any legal right and further terms and conditions of the service as of Special Public Prosecutor is not governed or regulated by......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and othe..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....rial prolonging the proceeding for unreasonable period for no justified and plausible reasons and if the same can reasonably be considered delay of unusual kind or nature or a case deliberately in an extraordinary manner delayed and thus may reasonably be considered abuse of the process of the Court......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......ch, its employees, whether employed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and conditions of their service are regulated by the provisions of the Ordinance itself&hellip......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others .......................
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
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. ......he Act. 26. So far we have dealt with the question what is really meant by the expression 'debt'. Now let us see whether an amount which becomes payable to an employee, ex or present, in terms of services rendered by him to a company can be brought within the expression 'debt'. ...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......s, has come to the conclusion that the testimony of PW 1 is hearsay evidence but that "this hearsay statement is admissible by way of res gestae and the PW 1 Ayub Ali Mollah has stated in unequivocal terms in his evidence that he provided the accused husband with a sum of Taka 14,000 only by way of ...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
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. ......the Court of Settlement also dismissed the Case No. 858 of 1987 filed by respondent No. 1 and the Government accepted respondent No. 1 as lessee of Holding No. 21, Motijheel Commercial Area, Dhaka in terms of the original deed of lease dated 6‑10‑65 by mutating his name in the official record; l......ithout any order as to costs. Ed. ..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. ......de. 22. D.W.1 Eakub Ali in his testimony testified that he did not witness the apprehension episode of the wife of Tipu Sultan from the house of Mizanur Rahman (P.W.5). D.W.2 Shahadat Hossain in terms of evidence of D.W.1 Eakub Ali gave evidence that he did not witness taking away matter of acc......hatun................................Condemned Prisoner Judgment February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ...... and the same was allowed by a Single Judge of the High Court division thereby acquitting the accused respondent from the said order of conviction and sentence. Leave was granted in the following terms: "Mr. B. Hossain learned Deputy Attorney General appearing for the State submits tha......itional Attorney ÂGeneral, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992)...Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......ecided in opposition proceedings between the parties are res judicata in rectification proceedings. It should be remembered that although section 11 of the Code of Civil Procedure, 1908, would not in terms apply to application under the Act, it has been held in several decisions that the section is ......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... 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:......ppeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintainable? Where there is no decision contrary to the terms of the tender or no lack of transparency in the process of evaluation by Tender Committee nor ......n:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......
Supreme Court
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Syed JR Mudassir Husain J
Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants
Vs.
Hasna Hena Sarker @ Hasna Heba Sarker & or..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
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