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Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....testing defendants have filed rent receipts Exhibits A‑A(28) showing payment of rents to the ex‑landlords and rent receipts Exhibits A(29)‑A(49) showing payment of rent for the suit land to the Government Acquired Estate for the suit land and these go to prove their possession.  13. T......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... Cox's Bazar City Bank, he committed criminal breach of trust violating instructions of the bank by extending several loan amounts beyond his financial power for illegal gain. He submits that the Government has 49% share in the capital of the Bank and, as such, every officer of the City Bank is ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

.... the plaintiff-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....arge of the post of Chief Engineer and Ship Surveyor inspite of writ-petitioner being senior to the said respondent No.5, that the writ-petitioner on May 7, 2001 represented to the respondent No.1, Government of Bangladesh, represented by the Secretary, Ministry of Shipping for consideration of ......which the writ-petitioner had not the appointment of respondent No.5 in Grade-I can not be questioned by writ-petitioner, that amendment made in 1986 in the Rule of 1980 was not made to favour any body or to deprive any body in any respect and as such can not be considered malafide and the writ-..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....d in: 10 BLC (AD) (2005) 39. ......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....int or report referred to in sub‑section (I) of section 4 is not accompanied by such sanction the Special Judge shall, immediately on receipt of the complaint or report, address, by letter, the Government in the matter, and if the required sanction is neither received nor refused within sixty ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....broad is required to be stamped within 3 months by the Collector for it to be admissible in evidence. In the Instant case, it appears that the instrument had been typed on stamped paper issued by the Government of Bangladesh and, therefore, revenue, in this case to the tune of Taka 150 had already b......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)

.... Division (Special Original Jurisdiction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

....7. Before parting, we could not help but to say few words of the English text of the Act. 28. The Act was made in Bengali. Section 56 of the Act requires that after commencement of this Act, the Government shall, by notification in the official gazette, publish an authentic text in English, whi...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

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

....ssembly of five or more persons is designated an 'unlawful assembly if the common object of the persons composing that assembly is First, to overawe by Criminal force, or show of Criminal force, the [Government or Legislature], or any public servant in the exercise of the lawful power of such public......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

....ne who is not a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law. The instant Writ Petition is quite maintainable. Government action must be passed as per law and the law itself must be reasonable and fair with refe...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....Division (Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. ......ugned letter dated 6‑8‑2003 refused to grant licence to the petitioner's Trawler on similar ground. 4. it is also stated that since the Trawler of the petitioner in question is of wooden body it is liable to become totally unfit for deep-sea fishing if the Trawler is not allowed to go f..

Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

.... i.e. the period in which he was said to have committed offence of misappropriation, criminal breach of trust, forgery, etc was a Manager of a Nationalised Bank and, as such, previous sanction of the Government as per provision of section 6(5) of the Criminal Law Amendment Act, 1958 was necessary, b......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. ...... প্রয়োগ এবং যাবতীয় কার্য সম্পাদন করিবে।       9. It appears that the Board of Governors is the highest body of the Foundation and apparently, its appellate authority. Dr. Jowardar Abdur Rashid is a membe..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)

....ent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the criminal revisional application) int...... not been Tribunal did not consider the materials on record or did not apply judicial mind in disposing of the withdrawal petition. 11. We have also perused the memo dated 14‑7‑2003.In the body of the said letter, besides intimating the decision for withdrawal of the aforesaid accused fro..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

.... 8‑8‑1970 and thus she became owner of the entire 57 decimal of land in the suit Khatian No.420 and in the suit Plot No.460. But subsequently, land of this plot was declared Enemy Property by the Government in the year 1969 in Case No.19 (Non­ Agricultural land) of 1969‑1970. The case was ...... of the thing. Possession confers more than a personal right to be protected against wrongdoers. It confers a qualified right to possess, a right in the nature of property which is valid against everybody who cannot show a prior or better right. The law under such circumstances assists not only the ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)

....mpowered by the parties to decide only those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 DLR (AD) 139; BADC Vs. Quality Associated Limited, ......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.   ..

Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8