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.... 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 be treated in accordance with law. This Rule will apply to any company set up by registration in Bangladesh
Sub-Article (2) of Article 102 of the Constitution may be invoked by any aggrieved person including someone who is not a citizen of Bangladesh, if the person engaged in the performanc..
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. ......dated 21-10-85 Anisuddin Ahmed along with others were convicted and sentenced to different periods and asked to pay Taka 35,00,000 with interest at the rate of 10% within six months. As the convicted persons failed to deposit the fine with interest within time the Deputy Commissioner asked for reali..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. ......e is discharged. Since the applicant is a beneficiary in the Waqf estate, he is entitled to represent the waqf estate. 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 ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....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. ......ine). Fisheries Department for licence pursuant to section 8 of the Marine Fisheries Ordinance 1983. 3. The petitioner after obtaining possession of the said deep sea fishing Trawler employed 26 persons in different posts for its maintenance and operation and since then the petitioner was requi..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)
....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. ......re is nothing in the words used in section 6(5) of the Criminal Law Amendment Act, 1958 to even suggest that previous sanction is necessary before a Court takes cognisance of the offence in case of a person who has ceased to be a public servant at the time the Court took cognisance although he had b..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......mmittee was formed in violation of the provisions of the Service Regulations, principles of natural justice and fairness. He further submits that the enquiry committee did not give the petitioner any personal hearing and he was not given any opportunity to explain the allegation illegally raised aga..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....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.
......ess are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....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. ..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 Code of Criminal Procedure which runs as follows: “494. Any Public Prosecutor may, with the consent of the Court, before the judgment is pronounced, withdraw from the Prosecution of any person either generally or in respect of anyone or more of the offences for which he is tried; and u..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. ......the appellant and there was no power of attorney to execute the same on their behalf. In view of the provisions of section 27 of the Specific Relief Act plaintiffs not being party to the agreement or persons claiming through or under such person the learned Subordinate Judge erred in law in passing ..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. ......d enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....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. ......t may agree that any maps and reports would be eight months from reference thereunder shall be to an arbitrator or signing of the agreement. None of the provisions of arbitrators to be appointed by a person designated the contract indicates any intention of the parties to the agreement either by nam..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....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:......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 RAJUK shall allot land to that affected person whe..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. ......rejected. The learned Counsel further submitted that in view of the decree passed in Second Appeal No.1192 of 1937 read with section 50 of the Waqf Ordinance, 1962, no suit could be instituted by any person against whom action has been taken under section 64 of the Ordinance by the Administrator and..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....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.
...... another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account is returned by the..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....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. ......;. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 966 dated 30‑1‑70, Exhibit 'Kha' were forged and created through false personification and that the defendant dispossessed the plaintiff during the course of the suit and ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....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. ...... Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Appellant. Sultan Ahmed, Advocate, (appearing in person), instructed by Md. Aftab Hossain, Advocate‑on‑Record-For Respondent No. 1.&..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.......rimarily on the plea that on the acquisition of rent receiving interest under raiyat being up graded to raiyat and there upon only one S.A. Khatian having been prepared recording the names of the persons who acquired interest in the land of C.S. Khatian No. 214. 13.The prayer f..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....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: ......e appellants' case is that the Public Service Commission issued Advertisement No. IF‑H/82/290 dated 10‑6‑82 (Annexure‑G) for holding a combined competitive examination for recruitment of 2490 persons to 25 cadre services including 8 persons to BCS (Sectt.) Cadre. After the examination the se..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. ...... that a crime to be proved it is not necessary that the crime must be seen to have been committed and must in all circumstances be proved by direct ocular evidence by examining before the court those persons who had witnessed its commission. Crime can very much be proved by circumstantial evidence. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
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