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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. ......inal 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: The Rule ......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. ..

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......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. ...... Amin J MM Ruhul Amin J Md. Tofazzul Islam J  State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents  Judgment August 10, 2004. ......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)

....(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;                                 ......iginal 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: The Rul......nbsp;                                 ..

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. ......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. ..

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. ...... Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J  SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents  Judgment August 1, 2004. The......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

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.   ......ivil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. ......….(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; Associated Engineering Company Vs. Government of Andhra Pradesh and another, AIR 1992 (SC) 232; Awan Industries..

Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8

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:......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Karti­pakhya (RAJUK) repre­sented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the H......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:..

Category: Property Law | Date: 21 Jul, 2004 | Hits: 133

M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)

....n-opposition stating, inter alia, that the Chittagong Port Authority realises berth hire/occupancy charges in pursuance of Notification No. CF & AO-IV (158) / 1197 dated 4-9-1986 published in the Bangladesh Gazette. Section 18 of the Chittagong Port Authority Ordinance 1976 empowers the Chittago......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. ......tion 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)

....um, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers involved: Abdul Wadud Bhuiyan with Sarder Abul......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.       ...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......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

Mukul Vs. State, 2004, 33 CLC (AD)

....           Vs. State……..Respondent   Judgment July 10, 2004.  The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This prov...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ......sion) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetu...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....‑matter of mortgage arrived at or decided in the previous Artha Rin Adalat suit and even the same is not litigated upon in the previous suit.…………….(12) Cases Referred to- Manager, Bangladesh Krishi Bank and others Vs. Al‑haj Md. Nurul Islam and another, 52 DLR 434; AIR 1965 SC ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Oriental Bank Ltd. ..........Petitioner Vs. Rina Alam and another ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....ion of the said provision is not sustainable in law…………………………………(8)  Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Banglades......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. ...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Rajshahi Develop­ment Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others..............     Respondents  Judgment June 29, 2......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)

....nsferred 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.......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and oth­ers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth­......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

ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

....als Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Inv...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ......evisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....missed.  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. ......s Case is also Reported in:56 DLR (AD) 166. ......in J MM Ruhul Amin J Md. Tafazzal Islam J Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another ..................Petitioners Vs. Maxwell Engineering Works Ltd and another...............Respondents  Judgment June 21, 2004. R..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

.... Supreme Court  Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anw......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents   Judgment May 25, 2004. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

.... Ruhul Amin J Md. Fazlul Karim J 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 ...........Responden......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: ......zzul 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. The Constitution of Bangladesh......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: ..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

....ed 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, Dhaka. iv. Superintendent......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.     ......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F......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.     ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....istrict Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect. 2. The facts of the case, in brief, are that Bangladesh Shilpa Bank, the respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......7 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....ef prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......l Amin J          M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42