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

....me Court High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhory J Mir Hashmat Ali J Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgmen......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. ......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. ...... Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgment September 20, 2004 Lawyers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Ma..

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

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

.... The High Court Division was not justified in sending the case on remand to the trial court on the plea of waiver......................(18) Cases Referred to- Messrs Binning & Company (Bangladesh) Ltd Vs. Messrs Nasirabad Properties Ltd, 40 DLR (AD) 89; Shamsul Huda (Md) being dead hi......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.......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)

....R (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.       ...... 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)

....gh 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............Respondents Judgment...... 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. ...... 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. ......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.       ......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)

.... Vs. Deputy Commissioner, Dhaka and others........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 Is......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)

....ion for sale of 1.26 acre of land of RS Plot No.460 appertaining to RS Khatian No.449 from the Waqf Administrator. The land was all through recorded as Waqf from RS record of rights in 1928 up to the Bangladesh settlement. In the Power of Attorney given by other relations appointing Khurshed Alam at......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)

....(Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: ......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)

....hment on the ground of delay or in exercise of discretion or for complete 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:  A......No. 2 of 1989 of the Court of Subordinate Judge and Commercial Court No. 2, Dhaka, is dismissed without cost".  3. On 12‑8‑1984 the then Manager of the Rupali Bank, a Nationalished Bank, Branch at Fakirapool, lodged first information report in the Motijheel Police St......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)

....(Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: ......nbsp;                                 ......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)

....d to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990. 3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act, 1913 and was engaged in banking business. Defendant No.1 was also a regist......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 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)

....under section 19 of the said Act. Cases Referred to-  EPIDC vs Md Sirajul Huq 22 DLR (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.   ......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

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. ......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. ......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)

....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.         ......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.         ......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.         ......ain Singh, AIR 1959 (Punjab) 147; Ramchandra Apaji Vs. Balaji Bhaurav, ILR 9 (Bombay) 137; Nazira Begum Vs. Roushanara Begum, 39 DLR (AD) 22; Madaris Ali and others Vs. Biswamber Das, 46 DLR 34. Lawyers Involved: Mahbubey Alam with Mafuza Begum, Advocates-­ For the Petitioner Md. ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)

....e parties to decide only those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 DLR (AD) 139; BADC Vs. Quality Associated Limited, 46 DLR (AD) 97......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. ...... 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)

..........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RA......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)

....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. ......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. ......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

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....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. ......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