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Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....la Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. Result: The Rule is made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; ......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)
....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)
....sp; Vs. State……..Respondent Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of crim......@ 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)
....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)
....ccused appellant has been preferred against the judgment and order dated 26‑8‑2003 passed in Criminal Revision No. 657 of 2003 by a Division Bench of the High Court Division making the Rule absolute thereby transferring‑ Sessions Case No. 54 of 2003 arising out of Gazaria ......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)
....ivision) Forms irrespective of their possible rejection or return for failure on the part of the appellant to pay the deficit court fees demanded by the Court in accordance with rule 289 of the Civil Rules and Orders, Volume I, July 1981. Such registration of the memorandum of appeal is not tantamou......) 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)
....ase in view of the due service of notice of such requisition and acquisition under the Emergency Requisition of Property Act inasmuch as the amendment as to the operative part of the order making the Rule absolute by adding the words present market rate for payment of full compensation money at the ......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
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Ban......lt: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Involved: Rafique-ul Huq with Anik R Hoque, Advocates- For the Petitioner. Rokanud..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judgment and then can be enforced through Courts in Bangladesh making the same Rule of the Court in a manner similar to the enforcement of the judgment in the English Court, that ......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)
....ashmat Ali J Abdul Gaffar 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......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)
.... Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellat......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
....itioners
Vs.
Additional District Judge and Bankruptcy Court, Chittagong and another……………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in or......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)
....il petition for leave to appeal is directed against the judgment and order dated 7‑8‑2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4619 of 1997 making the Rule absolute. 2. The facts, leading to this petition, are that the leave‑petitio......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)
.... the only course opened to the respondent was to file an application under section 46(2) of the Trade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the dee......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)
....p; Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated December 9, 1996 of a Division Bench of the High Court Division in Civil Revision No. 3244 of 1995 making, the Rule absolute upon setting aside the order dated May 9. 1995 of the Court of 1st Subordinate Judge ...... 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)
.... verified application seeking amendment the Court is quite competent, as in the instant cases, to refuse the relief sought for. To substantiate the said submission the learned Counsel has referred to Rule 17(2) and Rule 19 of the Civil Rules and orders. 16. True pleadings as well as petitions of al......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)
....or 2 years communicated by the letter dated 26‑2‑2004 evidenced by Annexure A to the writ petition while disposing of the application under Article 102 of the Constitution without issuance of any Rule. 2. It appears that an application under Article 102 of the Constitution of the People......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
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