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Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....assed under the Narcotics Control Act. ......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. ......ah Patwary, Advocate-on-Record—For Respondent Nos. 1-5. Rokanuddin Mahmud, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For Respondent Nos. 6 and 7. Civil Petition for Leave to Appeal No. 899 of 2003. (From the Judgment and Order dated 15th March 2003 passed by......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
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... Present: Md. Awlad Ali J Md. Emdadul Huq J Advocate Abu Zafor Siddique (Md.)…………………………Petitioner Vs. Bangladesh and others………………………&hellip......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....5 of 2002, respectively. Hence this judgment shall govern both the aforesaid petitions too. 3.The fact, in short, are that Jalal Uddin Ahmed, Inspector (task force-1) Bureau of Anti Corruption, Bangladesh Dhaka lodged a first information report on 11‑12‑2001 against Mohammad Nasim (respond......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......ocate-on-Record— For the Respondent. Omar Sadat, Advocate (appeared with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal Nos. 55-57 of 2005. (From the judgment and order dated 18-7-2004 passed by th......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... Appellate Division (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibu...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone exc...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....er for supply of plant, machinery and equipments for setting up of an industry for manufacturing acrylic sheets on Turn-Key basis. Sambo Corporation of South Korea acting through their local agent in Bangladesh Messrs Atlanta Enterprise participated in the tender their bid was accepted, contract was......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ...... the Petitioner (In Criminal Petition No. 102 of 1999) Not Represented- For the Respondents (In Criminal Petition No. 102 of 1999) Criminal Appeal No. 18 of 1998 with Criminal Petition for Leave to Appeal No. 102 of 1999 Judgment MA Aziz J.- This appeal by leave at the instanc......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
.... (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March......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. ......a, on behalf of the contesting respondents that the election petition itself was not maintainable in view of non-fulfilment of Article 49(4) of the Order inasmuch as the sum of Taka 2,000 as security for the costs of the petition has not been deposited by the election petitioner‑appellant hims......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
....t
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
AFM Abdur Rahman J
Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner
Vs.
Ekramul Haque Bulbul, reporter of the Daily P...... 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.
......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সন...... 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
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Res......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 by which the present petitioners were convicted under section 19A of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made ag......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....is further alleged that Ahsanullah Master was a great organizer of Gazipur District Awami League and twice elected MP in 1995 and 2001 and was prospective candidate in the upcoming National Election. Bangladesh Nationalist Party in order to destroy the Awami League, at the instigation of Central lea......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examin......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....o No.অম/অবি/বিধি/পেনশন/৩-পি-২৬/৯৪/১৭ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the order. 3. No one appears to contest ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ...... the respondents should not be directed to make payment against pension and gratuity to the petitioner, since retired on 19‑2‑1995, in terms of the Service Rules and why the officials responsible for the non‑payment of the pension and gratuity to the petitioner in terms of his service conditio......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.....................Appellants Vs. Obaidul Haque and others... ..................Respondents Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......s case may be taken as additional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied bui....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....es
Judgment
February 23, 2005.
Result:
The rules are discharged.
Cases Referred to-
Md. Ibrahim Vs. Md. Alauddin and others,
27 DLR 413;
M/s. Dulichand
Omaraolal Vs. Bangladesh, through the secretary, Ministry of Industries and
others, 33 DLR (AD) 30; Enemy prop...... 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.
......tle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defendant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ...... 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
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
.... Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23,......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......nse to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Division, Gopalganj for constructing Flexible Pavement over Hatbaria-Golabaria Road 9th (Angsha) and 10th (Angsha). The ......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....her two signatories, the company in the year 1995 commenced the project of the aforesaid VIP Tower and opened accounts with different banks at Chittagong namely, Islamic Bank, Chawkbazar Branch, Arab Bangladesh Bank Ltd. CDA Avenue Branch and Al-Arafa Islami Bank, Agrabad Branch and in all the above......uary 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Cooperative Wholesale Society Ltd vs. Meyer (1958) 3 All ER 66; O'Neill and another vs. Phillips and others (1999) All ER ......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti...... 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)
....ourt Appellate Division (Civil) Present: Syed J. R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh……….....Appellant. Vs. Md. Abu Bakar........................ 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. ...... joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. While he was Thana Magistrate, Muladi in the District of Barisal he was selected for training in the B.C.S. Academy at Shahbagh and he joined the training course on 26.02.1989. The...... 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
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
.... Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......... ..................Respondents Judgment February 16th, 2005. The Constitution of Bangladesh, 1972, Articles 102 & 103 The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division direct......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Case is also Reported in: 57 DLR (2005) 267. ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......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
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......der or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
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