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Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....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. ......ivision illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the said provision is not sustainable in law……………..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred 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.......peals, by leave, are against the order dated June 30, 1997 of a Division Bench of the High Court Division passed in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234 of 1997 rejecting the 5 revisional applications summarily. The revisional applications were filed against the judgment and order date..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......ahmud with Kazi Zinnat Hoque, Advocates- For the Opposite Parties. Civil Revision No.2091 of 2003. Judgment Md. Abdur Rashid J.- Defendant No.2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an Order dated 14‑5‑03 p..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... 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. ......R and therefore was unable to obtain possession of the L/C goods and in the process failed to stop the auction process and avoid the loss to the petitioner. After long four months of the petitioner's application on 25th June, 1995 for revolving LTR, the respondent bank sanctioned the revolving LTR f..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....92 unifying. both these cadres together making them belonging to one unified Administrative Cadre pursuant to the provision of section 4 of the Services (Re‑organisation and Conditions) Act, 1975 a fresh notification in impugned order dated 4‑4‑1994 further clarified the position of the office......ned their respective services during October to December 1983. In the meantime the Public Service Commission issued another Advertisement No. JE‑23/82/239 dated 22‑12‑82 (Annexure‑B) inviting applications for recruitment to 650 posts of Magistrate in BCS (Administrative: Administrative) Cadr..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......haka removing the name of the appellant from the register as the subsequent proprietor of registered trade mark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...... 1995 making, the Rule absolute upon setting aside the order dated May 9. 1995 of the Court of 1st Subordinate Judge (now Joint District Judge) Narsingdi, in Title Suit No. 4 of 1995 rejecting the application filed under Order VII, rule 11 of the Code of Civil Procedure seeking rejection of the ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......observed that merely for wrong mentioning of the provision of law in the cause title of the petition seeking pre-emption, the petitioner should not be denied the relief sought since by converting the application so filed under Section 96 of the State Acquisition and Tenancy Act to an application und..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......sion of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in law to pass any relief while disposing of an application under article 102 of the Constitution. ………………..(9 & 10) Cases R..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....ame to him for 5 years from 1st of Baishak, 1390 B.S. at a monthly rent of Tk. 100/- on receiving Tk. 15,000/- as security, that after expiry of the initial period of lease of 5 years he entered into fresh contract with the plaintiff in respect of the suit premises at a monthly rent of Tk. 801/- p...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... 11. On the application, first Mr. Abdul Jalil, J was appointed as an Arbitrator. As Mr. Abdul Jalil, J joined the Labour Appellate Tribunal the plaintiff made again an application for appointment of fresh Arbitrator. By order dated 12‑1‑2000 Mr. Abdul Wadud Chowdhury, J was appointed sole Arbit......r. Not otherwise. 'No objection' on behalf of a party does not invest the Court with any power which it does not have under the section. Even when other party did not appear upon notice to an application made under section 20 of the Arbitration Act, the Court is not empowered to supersede th..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionali..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any 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) 31. ......he submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing t..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....nature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in questi......romise or adjustment of suits and submits that it was obligatory for the trial Court to be satisfied as to the execution of the solenama before accepting it. He further submits that in view of filing application by the defendant respondent even after 29‑7‑1991, tile date of filing t..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... within its jurisdiction to protect this right and pass any order for its protection under Article 102 of the Constitution. In the facts and circumstances of the case, we are of the view that this application filed by the petitioner under Article 102 of the Constitution is maintainable being a ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......petitioner cannot claim to be aggrieved by the removal of Borhanuddin or the appointment of Mr. Khandker Abdul Mannan as Special Public Prosecutor. In that view of the matter, we think that the application is not maintainable on the ground that the petitioner has no locus standi". ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......torney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perus..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......rman of the Governing Body of the aforesaid College, they filed the writ petition. The High Court Division issued Rule and stayed the operation of the impugned memo dated 30‑11‑2002. An application for vacating the order of stay was filed by the respondent No. 7 before the High Court ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213