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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: ......iginal 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: The Rul......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 ..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......Reported in: 57 DLR (2005) 643.
......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
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......under section 19 of the said Act. Cases Referred to- EPIDC vs Md Sirajul Huq 22 DLR (SC) 284; Khulna Newsprint Mills Ltd Vs Khulna Newsprint Employees Union 25 DLR (SC) 85 and Bangladesh Tea Estate Ltd vs. Bangladesh Tea Estate, Staff Association 28 DLR (AD) 190. ...... Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents Judgment August 1, 2004. The...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
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......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......secution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming t......ision (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: ..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 ......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. ......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h...... Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………&he..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, ......e 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, 46 DLR (AD) 97......ivil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. ...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment J..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....person in the rehabilitation zone since the person from whom he has acquired the had was the affected person because of acquisition made by the RAJUK. It was also the case of the writ petitioner that Government acquired the land, which he has purchased in August 1994, by starting LA Case Nos. 138 of............Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RA......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the H......sion (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: ..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....re defendants therein admittedly remained in possession, allegedly adversely, openly, declaring hostile title by mutating their names, paying rent and taxes to the authorities concerned including the Government, raising building and boundary wall and presently have raised a plea of a civil dispute a......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ......ppellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
.... 1 (CPA) have been challenged to be without lawful authority mainly on the ground that no authority is conferred upon the aforesaid respondent to impose any berth hire charges without approval of the Government and publication of the notices in the official Gazette showing rate of charges as provide......n-opposition stating, inter alia, that the Chittagong Port Authority realises berth hire/occupancy charges in pursuance of Notification No. CF & AO-IV (158) / 1197 dated 4-9-1986 published in the Bangladesh Gazette. Section 18 of the Chittagong Port Authority Ordinance 1976 empowers the Chittago......tion is dismissed. Ed. ...... Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M. A. Mazid and another………………..Petitioner Vs. The Chairman, Chittagong Port Authority and others…………..Respondent&..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....u and Jaibal Abedin then transferred the suit land by sale, deed being 45789 dated 6‑12‑79 to the defendant. The defendant got the land mutated in his name and possessed on payment of rent to the Government. 5. On the pleadings the issues were framed regarding the maintainability of the sui......um, 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 Sarder Abul...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment J..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....1‑1‑1961 to manage and look after his property at Rangpur. It was also the case of the original plaintiff that at the time of exchange the property in suit was under requisition of the Government and occupied by the Manager, Employment Exchange, Rangpur, Thana Agriculture Office......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. ...... 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...... 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. …......Respondents Judgment July 1..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....tate, PLD 1979 SC 741; M Amir 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. Lawyer...... Vs. State……..Respondent Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This prov......sion) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetu...... J MM Ruhul Amin J Md. Tafazzal Islam J Mukul …………….Petitioner Vs. State……..Respondent Judgment July 10, 2004. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
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. ......‑matter of mortgage arrived at or decided in the previous Artha Rin Adalat suit and even the same is not litigated upon in the previous suit.…………….(12) Cases Referred to- Manager, Bangladesh Krishi Bank and others Vs. Al‑haj Md. Nurul Islam and another, 52 DLR 434; AIR 1965 SC ......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. ...... 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....hellip;………………………(8) Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99. Lawyers Involved: Md. Ozair ......ion of the said provision is not sustainable in law…………………………………(8) Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Banglades...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....pondent No.2 by Rangubala by granting permanent lease reserving to herself annual rent of Tk. 1 and that Ayesha Khatun paid the rent to the lessor till the rent receiving interest was acquired by the Government. It was also the case of the pre-emptees that S.A. Khatian was not correctly prepared bec......nsferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and others................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth......5...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....e Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. ......als Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Inv......evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 2..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
...., PCCI and another 49 DLR (AD) 46; Saipam SPA vs Bangladesh Oil Gas and Mineral Corproation (Petro‑Bangla) 5 MLR (AD) 45; CPLA Nos. 73‑75 of 1982; 32 DLR 94; Engineer Mahmudul Islam and others vs Government of Bangladesh and others 55 DLR 171.
Lawyers Involved:
Amirul Is......missed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......s Case is also Reported in:56 DLR (AD) 166.
......
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzal Islam J
Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another ..................Petitioners
Vs.
Maxwell Engineering Works Ltd and another...............Respondents
Judgment
June..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
.... Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anw......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents Judgment May 25, 2004. ......Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents Judgment ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....d or no provision 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; M...... Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Responden......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........R..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. ......ed in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. iii. Inspector General of Police, Dhaka. iv. Superintendent......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...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
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