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Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ......other court in a distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substance………(5)  Lawyers Involved:  Mainul Hosein, Senoir Advocate instructed by Md. Aftab Hossain..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ......) Patna 281; Abdul Aziz Vs. Tofazzal Hossain and another, 50 DLR 487; District Primary Education Officer Vs. Joynal Abedin and others, 40 DLR 328; Radha Rani Vs. Durga Rani Adhikari, 47 DLR 360. Lawyers Involved: SK Md. Morshed, Advocate- For the Appellant. Md. Momtazuddin Ahmed, Advo..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

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. ......ellip;…(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 Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate..

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.......8, 2004. Cases Referred to- S.M. Basiruddin Vs. Zahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun, 35 DLR (AD) 338. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by A.K.M. Shahidul Huq, A..

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1362 (Union of India vs Kishorilal Gupta and Brother..

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. ......affar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshe..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......e land and permanently fastened to anything attached to the earth and, in other words, compensation is to be assessed both for the movable and immovable properties……..(5)  Lawyers Involved:  A J Mohammad Ali, Additional Attorney‑General, instructed by B..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......6: Batuk K Kyas vs. Surate Borough Municipality AIR 1533 Bombay 133; Manaj Kumar Roy vs. Government of Bangladesh and others 7 BLC (AD) 42: Hafazatur Rahman vs. Kazi Anwar Hossain 53 DLR (AD) 89. Lawyers involved: TH Khan, Senior Advocate, M Zahir, Senior Advocate and Subrata Chowdhury, Advo..

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.     ......- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) 1; State Vs. Kalu Bepari, 43 DLR 249; Shamsuddin Vs. State, 45 DLR 587; State Vs. Md. Dulal Mia. Lawyers Involved: Md. Ibrahim Khalil, Assistant Attorney-General- For the State. Abul Bash..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......e their own averments made in the plaint and the written statements and in the petition under section 28 of the Act for decision in the suit on taking evidence……. (10, 11 & 13) Lawyers Involved: Md. Fazlul Karim with Md. Mozibur Rahman, Advocates- For the Petitioners. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......e passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice.   Lawyers Involved:  Md. Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

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.   ......llip;………………………………….Respondents Judgment May 5, 2004. Result: The appeal is allowed. Lawyers Involved: Md. Moazzam Hossain with Md. Hasmatullah Sheikh, Advocates‑ For the Appella..

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. ...... Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety……………….(11) Lawyers Involved: Md. Jalil, Advocate, instructed by Ahsanullah Patwary, Advocate‑on&#..

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. ......llah Bhuiyan Vs. Haji Nurul Alam Chowdhury, 35 DLR (AD) 338; Abdur Rabban Vs. Aminul Hoque Sowdagar and another, 43 DLR (AD) 19; Ahmed Hossain and others Vs. Basharat Ali and others, 32 DLR (AD) 54. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by A. S. M Khalequzzaman, ..

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: ......roller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:   Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

.... 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. ......lias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April 2004 Lawyers Involved: Herendra Nath Nandi, Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-rec..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......ent of Andhra Pradesh, 4 SCC 93; Hashmat Ali Jamader Vs. Asmat Ali Jamader, 6 DLR 478; R. Sim & Co. Vs. Pakistand Industries Ltd., 8 DLR 305; Bangladesh Vs. Masriki Textile, 35 DLR (AD) 123. Lawyers Involved: MA Gaffar, Advocate- For the Appellant. Shafique Ahmed with ARM Shahidu..

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. ......ellip;………(13)  Cases Referred to-  Sonali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali advocate̴..

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. ......tract….(19) Cases Referred to- Sharping Matshyajibi Samabaya Samity Vs. Bangladesh 39 DLR (AD) 85; Bangladesh Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Senior Advocate, Abdur Razzaque, Senior Advocate with him, ins..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ......r the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question……………………(8 & 9) Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, (MI Farooqui, Advocate with hi..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103