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Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....assed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the build......azlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The p......ithout any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. Th..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......petition is dismissed. Ed. ......d. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......7) 69. ......ted in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....l Attorney‑General appearing for the appellant, submits that the order of acquittal was passed by the learned Single Judge only on the ground that in the present case sanction was obtained from the Government but through inadvertence the copy of the order of the President's Secretariat granting sa......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. ......itional Attorney General, 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).......rt Division and accordingly the appeal is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ...... Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Mannan Gazi, 6 BLC 187; Ashnan Begum Vs. State, 51 DLR (AD) 18; Haripada Biswas Vs. State and another, 34 DLR (AD) 142; Bangladesh Vs. Yeakub Ali Sardar and others, 40 DLR (AD) 246; Abdul Matin and others Vs. State, 42 D......ate……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; State Vs. Manna......o Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....tive Market Society Limited (the Market), owns three-storied Super Market building at 1, Darus Salam, Mirpur, Dhaka on the land measuring more or less three bighas leased out by the Government on April 24, 1981, that land measuring 1002 square yards situates to the east......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......Advocate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).&nb......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Palli Daridra Bimochon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'industry' as has been defi......sent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Palli Daridra Bimochon Foundation ........Petitioner Vs. Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Proposed) and others ........Respondents Judgment January 17, 2004. Result...... J Syed JR Mudassir Husain J MM Ruhul Amin J Palli Daridra Bimochon Foundation ........Petitioner Vs. Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Proposed) and others ........Respondents Judgment January 17, 2004. Result: The petition is di...... ..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....sp; The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issued by the Government from time to time framing regulations of transfer of such employees. The High Court Divi......inistry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent Judgment January 10, 2004. The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the wr...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent ......bsp; Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent Judgment January 10, 2004. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)

....ured "Aziz Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of label and get up from the Trade Mark Registry, Government of Bangladesh, namely the opposite party No.1 and it bears Registration No.12971 in Class......z Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of label and get up from the Trade Mark Registry, Government of Bangladesh, namely the opposite party No.1 and it bears Registration No.12971 in Class-34 which was ......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&...... Md. Rahimuddin Mia (Bharasa)………………………………………………….Petitioner Vs. The Registrar of Trade Marks and another………………&he..

Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

....of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonation of delay was filed upon ......iminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents Judgmen...... by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001...... (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J MM Ruhul Amin J Dr. MA Mazed & others............................Appellants Vs. Bangladesh, Represented by the Solicitor ..........................Respondents ..

Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....ovide US Dollar 42.20 million to implement Jamuna‑Meghna River Erosion Mitigation Project (JMREMP); that total estimated costs involvement for the project is 61 million US dollars, out of which the Government will bear roughly one third of the total costs; the project included river protection wor........Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment December 10, 2003. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Whether Writ petition challenging award of contract is maintaina......n:...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....nfringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law,......n (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judgment ......sp; ......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Syed Md. Anwarul Haque and others..............................Petitioner Vs. Bangladesh and others.................................................Respondents Judg..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....school authority to report Compliance of the order dated 5‑10‑1993, a, there was no compliance of the order of the Board, the recognition of the school was then withdrawn on 28‑7‑1994 and all Government benefits were stopped with effect from all these, 1‑8‑1994, that in spite of the plai...... Cases Referred to- Mustafa Aziz vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Involved: SM Munir, Advocate, instructed by Md Nowab...... 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......ellate 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 & ors.............. Respondents Judgment De..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. .................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....smissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other .............Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ........................vil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ..................Respondents Judgment ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

.... This Case is also Reported in: 17 MLR (AD) (2012) 59. ......s also Reported in: 17 MLR (AD) (2012) 59. ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. J...... Hamidul Haque J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others…………......Appellants. Vs. Dr. Md. Tofajjel Hossain….......Respondent. Judgment November 10, 2003. Result: ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....harma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman Chowdhury vs Government of Bangladesh and others 34 DLR 247; Omar Faruk (Md) and others vs Government of Banglade......n J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation o......ts in two appeals. Ed. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ds/garments. Thereafter, a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of. the principal/buyer but, suddenly and mysteriously, he left Bangladesh without informing the plaintiff, At this stage, they also took undue advantage of the su...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ......resent: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment Novemb..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM ......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati......esent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

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