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State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......rosecution and affirming the same judgement and order by the High Court Division on appeal has been confirmed. Case Referred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General (Khondaker Mahbubuddin A..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ah and others, 39 DLR (AD) 242; Santosh Kumar Paul Vs. Nuruddin Ansari, 47 DLR 72; Saru Meah Sowdagar and another Vs. Al‑haj Jahanara Begum and others and Dula Meah Vs. Md. Ibrahim, 8 DLR 616. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates- For the Appellant. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....No.1 stated that the plaintiff has no cause of action to file the suit or locus standi for it. The suit is barred by law of limitation and hit by section 42 of the Specific Relief Act and also by the principles of waiver, estoppel and acquiescence and that the suit land originally belonged to one Su......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... Council and others, 44 Indian Appeals 104; (Pannamma Velly Vs. Achu Thana Union, ILR 1966, 1 Kerala 689); Basanta Kumar Roy Vs. Secretary of State, LR 44 IA 104; Play Fair Vs. Musgrove, 153 ER, 465; Lawrence Vs. Tucker, (1938) 160 Ore 474: 85; Bush Vs. Smith, (1953) 6 PL 670; Thakur Singh Vs. Bhoge..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ...... AIR 1992 (SC) 232; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR 65; Union of India Vs. Manager, W/s Joy and Associates, (2001) 3 SCC 277 = AIR 2001 (SC) 809. Lawyers Involved: TH Khan with Mahbubey Alam and Rezina Chowdhury, Advocates- For the Appellant..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......J MM Ishak....................Accused Petitioner Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both the Rules are made absolute. Lawyers Involved: Syed Mizanur Rahman with SRM Lutfor Rahman Akhand, Advocates ‑ For the Petiti..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......nd to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involved: Shah Md. Khasruzzaman, Advocate, instructed by Md. Waliul Islam, Advocate‑on..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....t of the suit cannot be rejected either under section 64 or under section 102 of the Ordinance as the exclusion of the jurisdiction of the civil Court is not to be readily inferred It is the cardinal principle of law in case of ouster of jurisdiction to examine the case whether provisions of an Act ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........(18) Lawyers involved: TH Khan, Senior Advocate, (Mokbul Ahmed, Advocate with him), instructed by Md..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......p; others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46.
Lawyers Involved:
Khan Saifur Rahman with Md. Shakir Hossain, Advocates‑ For the Petitioners...
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......llip;………..Petitioner Vs. The Chairman, Chittagong Port Authority and others…………..Respondent Judgment 18th July 2004 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshna..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....nherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. It further held: “…………this principle is in consonance with fair administration of justice and this power of making an order of ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......nd another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers involved: Abdul Wadud Bhuiyan with Sarder Abul Hossain, Advocates- For the Petitioner. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....sp; Leave was granted to consider the submissions that the impugned judgment of the High Court Division is not a proper judgment of reversal inasmuch as it does not conform to the long established principle that in reversing the judgment of the trial Court the appellate Court must fully apply it......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......indings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal……………………(33) Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Ad..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... that a review was never meant and allowed to be utilised as another opportunity for rehearing the matter which is already closed by a final judgment". 18. It is also the accepted principle as to scope of review that it cannot be a ground for review that the Counsel appearing i...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......@ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 DLR (AD) 92. Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md Nawab Ali, Advoca..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....ady obtained a decree from the Artha Rin Adalat on 24-5-2001 and Artha Rin Adalat found the property of the plaintiff was mortgaged to the defendant bank. The present suit was therefore hit by the principle of res judicata. 5. The trial Court on the pleading framed the following issues for det......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......tigated upon in the previous suit.…………….(12) Cases Referred to- Manager, Bangladesh Krishi Bank and others Vs. Al‑haj Md. Nurul Islam and another, 52 DLR 434; AIR 1965 SC 1153. Lawyers involved: Dr. Kamal Hossain, Senior Advocate, (Salauddin Ahmed & Sayeed Shahid Huss..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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. ...... 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. ......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)
....e date of requisition the value of the land having been increased substantially, the writ-petitioner is entitled to compensation at the present market rate for acquisition of his property on the principle that there should be proximity between the notice of acquisition and that of actual acquis......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)
....tor and the vendor and a suit for partition, being Partition Suit No. 111 of 1988, being pending the pre-emptordid not cease to be a co sharer of the non agricultural land in questionaccording to the principle of law enunciated in the case of S.M. Basiruddin Vs. Zahurul Islam Chowdhury and another r......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
.... the provision of section 32 of the Arbitration Act, 1940 is maintainable in view of the provision of section 9 of the Code of Civil Procedure, that the plaintiff has been able to establish the basic principles i.e. a prima facie case, balance of convenience and inconvenience and apparent chance of ...... award can be registered as a judgment of Singapore High Court and that. will create a debt at common law which can be enforced by the Courts in Bangladesh as per provision of section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judg......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)
....a Vs. County of London Quarter Sessions Appeals Committee, reported in The Law Reports (1956), Queens Bench Division, 682 where it has been stated that it is to be remembered that it is a fundamental principle of our law that no one is to be found guilty or made liable by an order of any tribunal ...... 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. ......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
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