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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....ain, Advocate‑on Record for- Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8 and 9.  Civil Appeal No. 45 of 1998. (From the Judgment and decree dated August 21, 1996 passed by the High Court Division In First Appeal No. 82 of 1987).  ......it appears that there was a 'salish' while the SCC Suit No. 88 of 1980 was pending between the defendant No. 1 and Khurshed Ali Master, father of the plaintiff Nos. 1 and 2 and in the said 'salish' decision was made for payment of enhanced rent Taka 280 per month and also, for execution of tenan..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Minister that some other farms also applied for being appointed as a consultant but the Hon'ble Minister stick to his earlier decision of entrusting Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consociates Ltd. was appointed as consultant. On 30‑5‑1999 a meeting w...... there was no such provision. In that meeting, it was informed to the Minister that some other farms also applied for being appointed as a consultant but the Hon'ble Minister stick to his earlier decision of entrusting Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consocia..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

.... Advocate- For the Opposite Party. Civil Revision No.3313 of 1999. Judgment Abdul Awal J. - Rule issued calling upon the opposite party to show cause as to why the judgment and decree dated 19‑8‑1999 and 25‑8‑1999 respectively passed by the learned Assistant Judge, First Cour......e as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek relief in a properly constituted ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

....e Appellants. AY Ahmed Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 29 of 2000. (From the judgment and order dated 12th February 1995 passed by the High Court Division in Civil Revision No. 1400 of 1993). ......that of the trial Court restored."  6. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the appellants, submitted that the High Court Division wrongly relied on the decisions reported in 34 DLR (AD) 267 and 36 DLR 90 which are not applicable in the facts and circ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....orney-General‑ For the Respondents. Writ Petition No.4747 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 3‑8‑04 cancelling the licence being Rifle license No.373/92 and Revolver licence No.449/92......e petitioner an opportunity of being heard is without any justification, and there has been violation of the principle of natural justice. In support of his contention, Mr. Majumder has cited various decisions of this Court including the decision of the Appellate Division. One of the cited cases is ..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

.... to identify the unlicensed and fake manufacturers of edible salt and to take action against those manufacturers as per provisions of the Act. 2. The Rule was made returnable within eight weeks from date. The rule was issued on 25.3.1999. It appears from the case record that the case was made ready...... for getting iodine in the human body is iodized salt. The learned Advocate stated that for goitre disease the deficiency of iodine is primarily responsible. It has been submitted that the government decision banning on sale of edible salt without iodine has made it mandatory on the manufacturers to..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....ision acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by the final court of fact on consideration of ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....ceipt of the aforesaid complaint, the learned Special Judge sent the matter to the District Anti-Corruption Officer, Cox's Bazar for investi­gation, and on receipt of the investigation report dated 1‑10‑1994, the learned Senior Special Judge started the case by taking cognisance under se......he City Bank is treated as public servant within meaning of section 21 of the Penal Code and section 2 of the Prevention of Corruption Act, 1947. In this aspect, the learned Advocate has cited a case decision reported in 1999 BLD (AD) 234. On the question of civil liability in the transaction, it is..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

....vil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for leave has been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging th......there is no scope in the suit filed by the plaintiff-respondent to consider the right or title, if any, of a third party who is not admittedly party to the contract and hence there is no error in the decision of the High Court Division. 6. We have considered the submissions made by the learned ..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)

....ndent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Judgment MM Ruhul Amin J.- This Petition for leave to appeal is directed against the judgment and decree dated 02.04.2003 passed by the Single Bench of the High Court Division in Civil Revision No. 2247 of......rol Act, 1991. In the facts and circumstances of the case and materials on record, we are of the view that the High Court Division on proper assessment of the materials on record arrived at a correct decision and there is nothing to interfere with the judgment of the High Court Division. Acco..

Category: Property Law | Date: 12 Dec, 2004 | Hits: 62

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

....t of 10 acres of land requisitioned in LA Case No.26 of 1959‑1960. The affected persons of the said land acquisition case have been allotted plots of land according to the last layout plan of Rajuk dated 19‑7‑1999 and in all 92 persons have been allotted such alternative plots. The petitioners......d by the petitioner and the land thus vested in Rajuk. The petitioners have no right to occupy Rajuk's land and the possession as alleged is unauthorised. He has further argued that pursuant to a decision/resolution taken in a meeting of the sub‑committee held on 10‑1‑92 the question of al..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....r Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment and order dated October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition No.2......presented by the Secretary, Ministry of Shipping for consideration of writ-petitioner's case for promotion to the post of Chief Engineer and Ship Surveyor, Department of Shipping but without making decision thereof the respondent No.4 did take step for making recommendation in respect of the res..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

.... Appeal No. 1481 of 2002. Judgment Amirul Kabir Chowdhury J.- Secretary, Ministry of Works, Government of Bangladesh, the writ respondent, seeks leave to appeal against the judgment and order dated 17.06.2002 passed by the High Court Division in Writ Petition No. 365 of 1993, making the rule......n view of the discussions made above we do not find any substance 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)

....rney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent.  Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 of 1993). ......ecute the appellant and there being no further material as to refusal of sanction the legal presumption is that of according sanction to prosecute the appellant and, as such, there is no error in the decision.  6. At the time of giving leave it has been mentioned, "Mr Serajul Huq, ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

.... Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'ble Court in Admiralty Sui......thorise the filing of the instant petition for restoration, which had been already filed before that Power of Attorney was executed. In this regard the learned Advocate has referred to the unreported decision in Admiralty Suit No.37 of 1999 (Judgment delivered on 9‑8‑2004). The learned Advocate ..

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)

....Nisi on an application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 21‑9­-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 19...... question from the "Ka" list of the abandoned buildings within 2 months from the date of 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)

....8 and 4501 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2003, w......d that the arbitration agreement included in the main contract made by defendant No.1 with defendant No.5 was part of the contract of the plaintiff with said defendant No.1 and upon misreading of the decision in the Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 200..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....nt 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.23, 40, 04, 04, 01, 23, 2004‑219(3) dated 22‑4‑2004 issued under the signature of respondent No.2. Annexure‑D‑2, refusing to giv......nister acting through the respondent Nos.1 and 2 have committed a gross illegality in taking into consideration the aforesaid memo dated 10‑4‑04 of the Bureau or Anti­-Corruption while taking decision to refuse sanction in this case. Mr. Rahman has also contended that although the FIR was lo..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

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

.... Advocate, instructed by SR Khoshnabish, Advocate‑on‑Record-­For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Appeal No. 75 of 2004. (From the judgment and order dated 26‑10‑2003 passed by the High Court Division in Election Petition No. 2 of 2001). Ju...... Article 31 of the Order and hence the documents called for to prove the same at this belated stage cannot be maintained. In support of his submissions Mr. Rokonuddin Mahmud has referred to the decisions in the cases of Md Shajahan vs. Md Sadeq reported in 38 DLR (AD) 275, Syed A Jalil vs. Mah..

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

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

....eneral - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirj......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7