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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......d properties published on 23‑9‑1986 in the Bangladesh Gazette Extra­ordinary. Their case was that they are nationals of Bangladesh by birth and their parents migrated to the then East Pakistan from Muzaffarapur, Bihar, India. Their father and mother died on 23‑5‑1984 and ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari,......4 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three brothers, migrated to the then Pakistan/Late Bashir Ahmed Ansari, father Ali Akbor Ansari started business in Karachi and the other......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)

....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......acopoeia (book contain­ing directions for preparing Homeopathic drugs and medicine) published in Germany in 1825 and thereafter in various countries of the world including Britain, France, India and Pakistan and thus Homeo Pharmacopoeia of India was published in 1978. The system of Homeo treatment ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..

Category: Health Law | Date: 3 Apr, 2005 | Hits: 759

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....ong University wherefrom he obtained his LLB degree. Justice Faizee was enrolled as an Advocate in 1991 and obtained permission to practice in the High Court Division in January, 1994 and he became a member of the Bangladesh Supreme Court Bar Association on 11 July 1994. 4. Justice Faisal Mahmu......re S. Mulgaokar, AIR 1978 (SC) 727, 57; MR Parashar and others Vs. Dr. Farooq Abdullah and others, AIR 1984 (SC) 61; Sadar Khialy Vs. State, PLD­ 1962 (SC) 457; Al‑Jehad Trust Vs. Federation of Pakistan PLD 1996 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney Gen...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......ath Basak became the owners of the suit land to the extent of 4 annas shares each and their names were correctly recorded in the S.A. Khatian and that during the war of liberation between India and Pakistan in 1965 the afore­said S.A. recorded owners left the country for India and the suit land ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....having transferred his 875 shares to the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

....t on 12.07.1995.  4. The respondent then filed A.T. Case No. 144 of 1995 before the Administrative Tribunal which was dismissed by judgment and order dated 09.07.1998.  The learned member of the administrative Tribunal held that Article 116 of the Constitution was not applicable...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......1986 which was published in the official Gazette on 20-5-1986 cancelling all previous letters, orders as if they had never been issued in respect of the lands acquired by erstwhile Government of East Pakistan under LA Case No.66 of 1957‑1958. LA Case No.16/1959‑1960 was also included in the sche......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

.... case of Abdus Satter and others Vs. State reported in 46 DLR (AD) 239 it was observed by their Lordships as under: From the evidence on record, it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....g Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consociates Ltd. was appointed as consultant. On 30‑5‑1999 a meeting was convened but the said meeting was not held as other members of the meeting, being engaged in different government works, could not attend. Thereafter, C......cipated by World Tel Holding Ltd., Bermuda, China Telecom Conciacion (joint venture of three companies) and Karnaphuli Ltd., Bangladesh (joint venture of HRC Bangladesh Ltd. and Telecom Foundation of Pakistan) and to evaluate the quotation, Md. Nasim, the then Minister held a meeting and by misusing......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

.... the petitioner (Annexure–C) in serial Nos.24 and 20 should not be declared to have been issued illegally and without any lawful authority. 2. The petitioner is a leader of Awami League, a member of Parliament elected from Constituency No.10, Gafargaon, Mymensingh. The petitioner is a wel......ems to find support from some decision in the Indian Jurisdiction (vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264). It must, however, be pointed out that there is a long line of decisions from the Pakistan Jurisdiction, [The University of Dhaka Vs. Zakir Ahmed: PLD 1965 SC 90 =16 DLR (SC) 722] wh......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......ntrols physical ability of a person depends on the daily availability of iodine. Because of deficiency in the consumption of iodine the average prevalence of Goitre was found around 28.9% as per East Pakistan Nutrition Survey Report, 1962-64 and the reports on Nutrition Survey in the Rural areas of ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

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.   ...............Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and an......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.   ..

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.   ......960‑61 is standing now was originally allotted to one Md. Yasin, son of Noor Ainon on hire-purchase basis vide allotment order No.2033/CHS dated 22‑5-­1961 by the erstwhile Government of East Pakistan on certain terms and conditions. Subsequently, a lease deed No.7768 dated 14‑12‑61 was ...... 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.   ..

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

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. ......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. ......rposes he was carrying Taka 20 lac in cash. In course of his journey when that petitioner reached a point at about 8‑00 PM near Madhabpur Police Station under Habiganj District he was advised by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to ..

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

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

....te………..Respondent   Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149  All the members of the unlawful assembly might not have the common object of murdering the victim but they......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. ......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. ..

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

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

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

....tract Nos.4, 5 and 6 arising between one party and another, whether any such party resides or carries on business personally or by agent or otherwise in Bangladesh or not, and whether such party is a member of the Association or not." 41. The claim on market difference could only be raised...... 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.       ..

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

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ts that although regulation 43(3) of the Regulations provided for formation of an enquiry committee with the officials of the Foundation but, in this case Enquiry Committee was composed of one of the members of the Board of Governors of the Islamic Foundation which is the appellate authority, that t......nbsp;                                 ......nbsp;                                 ..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3