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

....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. ......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. ......iat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment December 4, 2004. Result: The leave petition is dismissed. Lawyers Involved: B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the R..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ing sanction is curable under section 537 of the Code of Criminal Procedure’……………………………(11)   Lawyers Involved:  Anisul Huq, Advocate, instructed by Md. Nawab Ali, Advocate‑on&..

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

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

....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ...... Ed. This Case is also Reported in: 57 DLR (2005) 234.   ...... Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162. Lawyers Involved: Md. Moksadul Islam, Advocate-For the Defendant-Petitioner. SK Siddique,..

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)

.... 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.   ...... 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.   ......tion of title of the said house property. Cases Referred to- Zahir Miah (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Public Works, 9 MLR 76 = 9 BLC 195. Lawyers Involved: Abul Kalam Chowdhury, Advocate‑ For the Petitioner. Zaman Akhter Bulbu..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ......hellip;…………….. (25) Cases Referred to- Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002 BLD 320; 55 DLR (AD) 23. Lawyers Involved: Abdullah-al-Mamun, Advocate‑ For the Petitioner Md. Khalilur Rahman w..

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)

....at a public servant committing offence of cheating under section 420 of the Penal Code cannot be said to be acting in discharge of his official duty and no sanction was accordingly, required. Similar principle was also upheld in the case reported in AIR 1969 SC 686 holding that beating or abusing a ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......ীন ও উহার তফসিলে বর্ণিত অপরাধসমূহের বিচার ও আপীল নিস্পত্তির ক্ষেত্রে The Criminal Law Amendment Act, 1958 (XL of 1958) এর section 6 এর sub-section (5) এবং sub-section (..

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

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....y rushed to the place of occurrence armed with weapon shows that they had a common object of committing an offence and they knew that any consequence might follow.  8. It is now a settled principle of law 'chat actual participation is not necessary to attract the offence under section 14......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

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

....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. ......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. ........(19) Cases Referred to- Md. Shajahan Vs. Md. Sadeq, 38 DLR (AD) 275; Syed A Jalil Vs. Mahbub Alam, 46 DLR (AD) 96; Muzaffar Hossain Vs. Md. Humayun Kabir, 48 DLR (AD) 59. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑..

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

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

....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. ......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. ......…………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: The Rule is made absolute. Lawyers Involved: S. M. Rezaul Karim - For the Petitioner. Shamim-Ara Dora, Assistant Att..

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

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....re so when the same is concurrent finding of fact. In the case of Hazari Bala Sana and another Vs. Iron alias Niranjan Mandal and others reported in 1997 BLD (AD) 294 it was held that it is a settled principle that the findings of fact, whether concurrent or not, arrived at by the lower appellate Co......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......an, EP Enemy Property Management Board, Dhaka and others Vs. Shah Gulam Nabi and others, 27 DLR (AD) 156; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 1997 BLD (AD) 294. Lawyers Involved: Probir Neogi, Advocate instructed by Sufia Khatun, Advocate‑on‑Record ‑..

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ......Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 1992 SCMR 65; Union of India Vs. Manager, Jain and Associate, 3 SCC 277. Lawyers Involved: TH Khan with Fazlul Karim, Md. Mohiuddin Ahmed and Rezina Choudhury, Advocat..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

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

....nce to some legitimate object to be achieved. Democratic formal Government demands equality and absence of arbitrariness and discrimination. There must be fairness in Government dealings based on the principle of rationality, duty to act promptly and ensure fairplay and economic due process. Even if......tition) but this also failed to break the silence of the respondent No.1. It is further alleged at permission to manufacture tent has been given to other companies namely, HKD Hi-Tech Limited and HKD International Limited who are engaged in the manufacture of tents at Chittagong EPZ. 3. Being a......w……………(11-13) Case Referred to- HFDM De Silva Gunesekere Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2 BLC 179. Lawyers Involved: Kamal Hossain with Salauddin Ahmed, Ramzan Ali Sikder and MA Wadud, Advocates..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

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

....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.       ......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.       ......is case, possession of the plaintiffs in the suit shops cannot be termed as adverse....(34 & 35) Case Referred to- Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Lawyers Involved: Md. Emdadul Haque Azad, Advocate‑ For the Appellant Mahbubey Alam with..

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

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

....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. ......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. ......thers........Respondents Judgment August 15, 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Islam Advocates-­ For the Appellant. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

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

....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.   ......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.   ......ision of the District Judge. So, the application made by a son of last Mutawali claiming interest in the Waqf estate cannot be denied to prosecute the appeal………(17 & 18) Lawyers involved: TH Khan with Sk Zulfiquar Bulbul Choudhury‑ For the Petitioner. Mahmud..

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

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

....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. ......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. .................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule is made absolute. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates- For the Petitioner. Zaman Ak..

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)

....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. ......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. ......mplete justice. ..............(12) Cases Referred to:  Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved:  Abdur Razaque Khan, Additional Attorney-General, instructed by B Hoss..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....olute. Service Regulations of the Islamic Foundation Regulations 43, 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. S......nbsp;                                 ......al justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) Cases Referred to- 13 DLR (SC) 105; 29 DLR (SC) 232; 52 DLR (AD) 17. Lawyers Involved: Shafique Ahmed, Advocate‑ For the Petitioner Not represented‑ the Re..

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)

....ity to the extent of Taka 1,50,00,000. The application is marked as exhibit 'Dha’. By a letter dated. 11‑1‑82 the bank informed its legal adviser, the Law Consultants, that it agreed in principle to extend said facility to the defendant company on the quoted terms and conditions and re......57 DLR (2005) 643. ...... Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 174; Shipping Corporation Limited Vs. WH Bennett and others, 36 DLR (AD) 175; State of Gujarat Vs. Shantilal Mangaldass, AIR 1969 SC 634. Lawyers Involved: Sayyed Shahid Hossain with Rina Khan, Advocates­- For the Appellant in Fi..

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. ......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. ......LR (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.   Lawyers Involved:  Abdur Rob Chowdhury, Senior Advocate, instructed by Md Nawab Ali, Ad..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100