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Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......ted at the time of issue of the Rules on 18‑8‑03 and 26‑10‑03 are hereby recalled and vacated. Communicate at once. Let a copy of this judgment be sent to the Secretary of the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitr..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....-Corruption Commission Act, 2004 it was a bar tinder section 6(5) of the Criminal Law Amendment Act, 1958 for the Special Judge to hold any trial against any public servant without obtaining any prior sanction from the government. The necessity of obtaining prior sanction was/is intended to pro......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.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
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. ......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. ......l 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 Judgment September 20, 2004 Lawyers Involv..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
.... 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.
......osed of fairly and promptly and in accordance with law……………(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 Salau..
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. ......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. ...... 10. Then, the plaintiff unsuccessfully made appeals before the Additional Deputy Commissioner (Revenue), defendant No.2, the Additional Commissioner, Dhaka, the Land Appeal Board and the Secretary, Ministry of Land. Thus disappointed and frustrated, she was constrained to institute the suit. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....y the impugned letter dated 15‑7-2003 (Annexure-D) refused to grant registration to the petitioner's Trawler on untenable and extraneous ground that the petitioner could not submit/produce prior permission for registration from the Ministry of Fisheries and Livestock. Similarly, the respo......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. ......3 (Annexure-D) refused to grant registration to the petitioner's Trawler on untenable and extraneous ground that the petitioner could not submit/produce prior permission for registration from the Ministry of Fisheries and Livestock. Similarly, the respondent No.4 also by the impugned letter date..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)
....late tar bicharer jonno shorkari manjurir proyojon hobe na.” 8. The Court of Special Judge wrote the letter for according sanction for the prosecution of the respondent No. 1 prior to the disposal of the Title Suit No. 2 of 1989 and the reply from the sanction according auth......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. ......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......nbsp; ......gment ABM Khairul Haque J.- This Rule Nisi was issued at the instance of Ayub Ali Chowdhury, calling upon the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and six others to show cause as to why the impugned office order conta..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....t brought a story of promise to pay of Taka 13,00,000 after execution of the bainapatra in addition to the amount mentioned in it. The defendant appellant as D.W.1 has stated the same. He stated that prior to execution of the sale deed the talk was that plaintiffs will pay, Taka 13,00,000 in additio......uted between the parties in the form of a bainapatra in which their father and the defendant-appellant put their signatures. In the bainapatra there was condition that after three months of obtaining clearance from the House Building Finance Corporation defendant-appellant will execute and register ......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. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....on confers more than a personal right to be protected against wrongdoers. It confers a qualified right to possess, a right in the nature of property which is valid against everybody who cannot show a prior or better right. The law under such circumstances assists not only the possessor himself but a......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. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....ect charge from any commercial Vessel independently for use of their Jetties. The Port Authority, therefore, holds absolute power to realise charges under Article (sic) 19 of the Ordinance subject to prior approval of the Government and Gazette Notification on 10-1-1991 and amended schedule of charg......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. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....i Vs. Abu Bakar Siddique, 35 DLR AD 42 the Appellate Division held: "If a party to a suit does an act to bring about a change in the state of things existing at the date of the suit or just prior to that date, in order to forestall a possible order of the court, the Court may, in an approp......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. ......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. ..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. ......s claimed by him. The defendant No. 1 had given a figure which corresponds with the expenditure. The plaintiff could not say how much he paid as registration costs and how much for income tax clearance certificate in respect of transfer of the disputed property whereas the defendant No. 1 ......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. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ned and the year 1968 in which the land was finally acquired and on that basis fixed valuation instead of assessment of compensation on the average of the value of land during the period of 24 months prior to the date of service of notice for acquisition under section 5(l) of the Emergency Requisiti......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. ......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. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ss of possession of the land of Khatian No. 450 among the heirs of Abdul Mogni and Abdul Gani ceased. The pre-emptees purchased the land of Khatian No.450 from the heirs of Abdul Gain. The pre-emptor prior to the transaction under pre-emption got opened separate Khatian, Khatian No.450/2, taking o......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.......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......ther arbitrator(s).
3. Facts, in short, in the background of which the aforesaid reliefs have been prayed for are that the defendant No. 1 entered into a production sharing contract with the Ministry of Energy and Mineral Resources, Government of Bangladesh and Petrobangla, that the plainti..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....e treated as a class junior to candidates who have been appointed in 1983 on the result of the 1982 Examination or who have been appointed or whose ad hoc appointment may be regularised from the date prior to your joining." Thus respondent Nos. 2‑61 were recruited in 1984 in the second phase in th......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. Th..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. ......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. ......rms of the Judgment recorded in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. iii. Inspector General of Police, Dhak..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any 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) 31. ...... Court Division do not call for any 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) 31. ......This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and acco..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....pecific allegation has been mentioned against the petitioner in the impugned Memo…….It is correct that this provision of Cr. P. C. (section 492) does not require any show cause prior to removal. This is when no reason is given for the removal. But while imputation is made dir......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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