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Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)

....65, Kishoregonj‑1 constituency and for other reliefs alleging, inter alia, that in the polling at 26, Burudia High School Polling Centre at about 10‑00 AM on the date of election some outsiders illegally entered into the polling station, drove out the agents of the election petitioner‑ respond......r that the impugned order calls for our 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) 14. ..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....larly known as ‘Bomb Blast’ case, and in connection with that case the accused Partha was once again taken on police remand which is liable to be declared as without lawful authority and is of no legal effect. 3. On the application as aforesaid we directed the respondent to produced the said ......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

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

.... upon the respondents to show cause as to why withholding/not granting tent permission in favour of the petitioner should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner, a 100% foreign-owned Company incorporated in Bangladesh under ...... 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

Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)

.... was the original owner in possession of the suit land and he hailed from Keraniganj, Dhaka. He used to possess the suit land through tenants. He died leaving behind defendant Nos.1 to 11 as his only legal representatives. Abdul Motaleb, father of the plaintiffs, took lease of suit shops at a monthl......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

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

....he plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, without jurisdiction, void and of no legal effect. 3. Plaint case, in short, is that one......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

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....lam Attorney very land was mentioned to be as plot No.460appertaining to Khatian No.449. 15. In the circumstances, he submitted, on the application of said Khurshed Alam the Waqf Administrator illegally cancelled earlier enlistment dated 23-5-93 and said that the disputed land was not enlisted ......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.   ..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1

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

....tration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of no legal effect and why they should not be directed to grant registration and licence to the said fishi......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

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

....with the denationalisation of the Bank by the Gazette Notification dated April 6, 1987 in spite of the decree in the Title Suit No. 2 of 1989 declaring the dismissal order of the respondent No. 1 not legal, the respondent No. 1 having had ceased to be a public servant upon nationalisation the High C......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)

.... 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appears that the penalty of compulsory retirement was imposed upon the......nbsp;                                 ..

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

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which must be drawn by legal experts and such documents must avoid age-old archaic and cryptic wordings, coverage and langu......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. ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ey themselves paid the earnest money and they gave authority to their father to sip the agreement on their behalf. Agreement is a solemn affirmation between the parties obliged to do if the terms are legal and fair. In this case we find that them was no agreement between the plaintiffs and the defen......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

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

....1980 on 5‑2‑1980 in the Court of the Munsif, Thakurgaon, Dinajpur praying for setting aside the ex parte decree passed on 24‑5‑1979 in the Other Class Suit No.400 of 1978 declaring the same illegal. collusive and not binding upon her and the learned Munsif by his judgment and decree, dated 3......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ..

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

Rajdhani Unnayan Karti­pakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)

....the Badda Rehabilitation Zone, that title of the acquired land has vested absolutely with the RAJUK and, as such, the claim of the writ‑petitioner as awardee on the basis of purchase in 1994 is not legally tenable. 5. It was the contention of the writ‑petitioner that as his vendor was the ow......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..

Category: Property Law | Date: 21 Jul, 2004 | Hits: 133

M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)

....l of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong Port authority to deliver th......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. ..

Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

....d Arjun jointly lived with brother Bhim Das Poddar at the time. Said brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arj......he proviso to section 42 of the Specific Relief Act. 32. It appears from the record that on the prayer of the plaintiff by order dated 5‑4‑99 the trial Court directed the parties to maintain status quo in respect of possession of the suit land. On 20‑4‑99 the plaintiff made an applicati..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The plaintiff further asserted that defendant Nos. 1‑5 illegally entered into the premises as described in schedule‑C without any knowledge of the pla......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. ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....g matters under the Act No. 13 of 1948 i.e. the Emergency Requisition of Property Act, are to be continued and disposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the  said Ordinance in the instant proceeding drawn under th......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....her the same were up dating of the record of right i.e. khatian No. 450 as per provision of Section 143 of the State Acquisition and Tenancy Act, 1950.The learned Counsel continued since there was no legal partition i.e. partitionby metes and bounds by the decree of the Court or by a registered inst......gment of the appellate Court which was passed upon reversing the judgment of the trial Court without adverting to the specific finding of the trial Court to the effect that the appellant retained his status as a co-sharer in the case land in view of inheritance through his uncle despite the separati..

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

.... Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for production of 'Polyron' was legal and still valid and that the registration dated 29‑9‑02 in the name of 'Polyron' g......Mr. Huq. 7. He, however, submitted that the trial Court could be directed to dispose of the application for temporary injunction within a date fixed and the parties might be directed to maintain status quo till then in modification of the order of stay granted at the time of issue of the Rule. ..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

....the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the prop...... 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. ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310