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

....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... Civil 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 discharg......eing no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......n: 14 BLT (AD) (2006) 15 ..

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

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

....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......arty also illegally modified the original construction and carried on some new construction work therein without any prior permission from the Rent Controller or from the landlords. The plaintiffs in order to construct a new building in the suit premises by demolishing the existing structure got a p......e leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......pellate Division (Civil) Present: Syed JR Mudassir Hussain J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Kishore Kumar Roy ……………......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment ..

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

Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)

....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1998 passed by the learned District Judge, Gaibandha, in Miscellaneous Appeal No.3 ......yun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1......s also Reported in: 13 MLR (HCD) (2008) 48. ..

Category: Property Law | Date: 7 Dec, 2004 | Hits: 88

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

....the same requisitioned plots and they are living in different plots within that 10 acres of land acquired under LA Case No.26 of 1959-­1960 and gazette notification for final acquisition had been published on 31‑8‑1960. The petitioners submitted application to the Chairman Rajuk to include t......e of the petitioners although they purchased the lands from the same vendors and have been living in the same plots i.e. CS and SA Nos.76, 77. The petitioners have collected a photo copy of allotment orders given in favour of one Abdul Quadir whose name is in serial No.50 of the list of 92 persons. ......der as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Haq J Hasina Begum and others....................................Petitioner Vs. Chairman, RAJUK and others..............................Respondents Judgment..

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

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

....d October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition No.2597 of 2001 discharging the Rule. The writ petition was filed impugning the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surv......ted-For 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......rdingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment Decem..

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)

....inst the judgment and order dated 17.06.2002 passed by the High Court Division in Writ Petition No. 365 of 1993, making the rule absolutely. 2. The writ petitioner-respondent No. 1 claiming to be publisher of weekly "Nayajug" applied to the Government for an industrial plot whereupon the Governm......ave to 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 th......tition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment Decemb..

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

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

.... cases under Criminal Law Amendment Act, 1958, there is mandatory requirement of publication of notification in gazette as well as in a national daily but in the instant case no such notification was published in any national daily and, as such, the trial became illegal and without jurisdiction. The......l Attorney‑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 19......he appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......Sadullapur Sub‑Registrar’s Office in the district of Gaibandha the appellant was prosecuted and after recording evidence the learned Divisional Special Judge convicted him as already mentioned above. Being aggrieved by the judgment and order of the trial Court the appellant preferred cri..

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.   ...... the Admiralty Suit in question. He came to know recently about the ex parte decree and took steps to this petition for restoration at the earliest opportunity. He submits that, although there was an order issued by this Hon'ble Court to serve summons/notice upon the defendant petitioner none wa......Court Division (Admiralty Jurisdiction) Present: Md. Imman Ali J Regent Ken International Ltd..............................Defendant-Petitioner Vs. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. .......   ..

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.   ...... Rule 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......ildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ......urt High Court Division (Special Original Jurisdiction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respon..

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

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

....f the English text of the Act. 28. The Act was made in Bengali. Section 56 of the Act requires that after commencement of this Act, the Government shall, by notification in the official gazette, publish an authentic text in English, which shall be known as the Authentic English Text of this Act......s. 3438 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 2......ed in: 57 DLR (2005) 734.   ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment ..

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)

....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. ......in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2......spondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Salauddin Ahmed ..........................................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Resp..

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

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

....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. ......9;For the Appellants.  A K M Shahidul Huq, Advocate‑on‑Record‑‑For the Respondent.   Criminal Appeal No. 16 of 1998. (From the judgment and order dated 4‑8‑1997 passed by the High Court Division in Criminal Appeal No. 1565 of 19...... victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......st them under sections 302/149 of the Penal Code and trial Court on consideration of the evidence on record found them guilty of the charge and sentenced each of them to imprisonment for life as mentioned above. On appeal, the High Court Division confirmed the judgment and order of conviction and se..

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. ......972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not. In order to maintain the sanctity of the election, the packets inside the gunny bag should be scrutinis......out any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......ndent in an Election Petition, arises out of order dated 26‑10-­2003 passed by the High Court Division in Election Petition No. 2 of 2001 allowing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in th..

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

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

....conviction and obtained the present Rule. 3. Mr. S.M. Rezaul Karim, the learned advocate appearing on behalf of the petitioner submits that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bho......Assistant Attorney-General - 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......d 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

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......rtha now being detained in Dhaka Central Jail, before this Court to satisfy that he is not being held in custody without lawful authority and or in an unlawful manner and for stay of operation of the order of remand dated 16-9-2004 issued by the Chief Metropolitan Magistrate, Dhaka in Motijheel PS C......as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ...... 620. ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

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

....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.......e‑on‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 9‑4-­2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4......peal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......upation. He has no land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 a..

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.       ......- We heard the appeals together and now, dispose of them by this judgment. 2. The Bangladesh Jute Corporation, in brief, the Corporation on 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title ......h Vs. Collector of Aligarh, AIR 1946 Privy Council 75; Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417; 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 2......on and Co. India (Pvt.), AIR 1963 SC 90; AR Savkur Vs. Amritlal Kali Das and others, AIR 1954 Bombay 293; Samilummah Vs. Collector of Aligarh, AIR 1946 Privy Council 75; Banarasi Das Vs. Cane Commissioner, AIR 1963 SC 1417; Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs..

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

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

.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ......to the respondent No.1 that the petitioner pursued the respondents through various correspondences and representations for permission to manufacture tents at its factory premises at Chittagong EPZ in order to export huge quantity of tents to the lucrative export market in Canada. The assertions made......ring tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Tariq ul Hakim J Northpole (BD) Ltd......................................Petitioner Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others............Respon..

Category: Business or Commercial 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. ......ration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, wi......is Case is also Reported in: 57 DLR (2005) 257. ......ision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The ..

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.   ...... Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Similarly, he is entitled to present an appeal before t......q J Yusuf  Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………&hellip...... Syed AB Mahmudul Huq J Yusuf  Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………&..

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