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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. ......urt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties Judgme......iate criminal prosecution if the person is also liable to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 ..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 ......-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 made in the pl......T (AD) (2006) 15 ...... 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 ......t 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 writ-petitioner...... Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 200......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....d in: 10 BLC (AD) (2005) 39.
......ourt
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
Md. Tafazzul Islam J
Amirul Kabir Chowdhury J
The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner
Vs.
Mrs. Momtaz Begum and anoth......in J
Md. Tafazzul Islam J
Amirul Kabir Chowdhury J
The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner
Vs.
Mrs. Momtaz Begum and another .....................Respondents
Judgment
December 4, 20......e 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 ......fficient. At the time of hearing the learned Additional Attorney-General produced Memo No. 4561 dated 30‑3‑2004 issued by the Deputy Director (Raj/Rangpur), Bureau of Anti Corruption Bangladesh, and submits with reference to the above memo dated 30‑3‑2004 that under Memo......ate Division (Criminal) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Atiquzzaman Khan (Md).........Appellant Vs. State……………………Respondent ......a 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......s not revalidated and duly stamped as required by the provisions of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument chargeable with duty and executed only out of (Bangladesh), and not being a bill of exchange, or promissory note, may be stamped within three month......sp; ......re 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......iction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: ......igh Court 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 ......f 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......s commenced by one party against other party in respect of any matter covered by such arbitration agreement………………….. (25) Cases Referred to- Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002 BLD 320; 55 DL......h Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November...... Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....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.
.......1.
Hasan Faiz Siddique with Abdul Hye, Advocates- For Respondent Nos.5 and 6.
Writ Petition No. 4256 of 2004.
Judgment
Md. Joynul Abedin J.- This Rule Nisi under Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned letter Nos.2......t Division
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
Zubayer Rahman Chowdhury J
Salauddin Ahmed ..........................................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
......h 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......victim, the three other being the members of the unlawful assembly are equally liable. Cases Referred to- Abdus Samad @ AKM Abdus Samad and others vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others 36 DLR (AD) 234. Cases Referred: A K ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Haider Ali and others ...............................Appellants Vs. State………..Respondent Judgment November 4, 2003......on we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....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. ......me Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhory J Mir Hashmat Ali J Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgmen...... ......ers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Mannan & Ziaul Hassan, Advocates- For the Petitioners. Helaluddin Mollah, Deputy Attorney-General with Md. Abdul Baset and Md. Giasuddin Mithu, and AM Shwakatul Huq, Assistant Attorney-General-For the Re..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
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....... The High Court Division was not justified in sending the case on remand to the trial court on the plea of waiver......................(18) Cases Referred to- Messrs Binning & Company (Bangladesh) Ltd Vs. Messrs Nasirabad Properties Ltd, 40 DLR (AD) 89; Shamsul Huda (Md) being dead hi......ed in: 57 DLR (AD) (2005) 23.......cordingly, 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
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......R (2005) 663. ......ivision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Bangladesh Jute Corporation……………..Appellant Vs. AB Jute Ltd…………………………......s. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....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......gh Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Tariq ul Hakim J
Northpole (BD) Ltd......................................Petitioner
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
Judgment......
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Tariq ul Hakim J
Northpole (BD) Ltd......................................Petitioner
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
......wo) 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. ...... Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Is......ourt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004......d. 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
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......ion for sale of 1.26 acre of land of RS Plot No.460 appertaining to RS Khatian No.449 from the Waqf Administrator. The land was all through recorded as Waqf from RS record of rights in 1928 up to the Bangladesh settlement. In the Power of Attorney given by other relations appointing Khurshed Alam at...... Mahmudul Huq J Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others…………………&he......Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
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. ......(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. Result: ......gh Court 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, ......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
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......hment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to: Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved: A...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents ......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. ......(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. Result: ......gh Court 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 ......bers of the Board of Governors of the Islamic Foundation which is the appellate authority, that this petitioner was the convener of an enquiry committee formed to enquire into the allegations against Md. Lutful Huq, Director and one of the members of said enquiry committee, that besides, the petitio..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......d to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990.
3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act, 1913 and was engaged in banking business. Defendant No.1 was also a regist......ision
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
SAB Mahmudul Huq J
Bank of Credit and Commerce International (Overseas) Ltd............Appellant
Vs.
Bangthai Electrical Industries Ltd. and others............................Respondents
.......
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
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