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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

....h‑ Respondent Nos. 5‑ 7. Civil Appeal No. 38 of 2000. (From the judgment and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266 of 1991 (Dhaka) and 27 of 1988 (Chittagong). Judgment Md. Fazlul Karim J.- This appeal by leave has impu......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. ..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....l Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka in Criminal Appeal No.179 of 2000 affirming the judgment and order of conviction and sentence ......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. ..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

.... 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these matters the trial Court considered to arrive at the conclusion that the defendant......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

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

.... 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. ...... and Jail Appeal No. 2884 of 2000). The High Court Division upon dismissing the appeals accepted the reference.  3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, on October 24, 2000, the condemn..

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

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

....cree dated 12‑4‑2004 passed by the High Court Division in Appeal from Original Decree No; 96 of 2002 affirming those dated 26‑11‑2001 of the Joint District Judge and Commercial Court No. 1, Dhaka in Title Suit No. 197 of 2001 decreeing the suit. 2. The respondent No.1 as the plaintiff......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

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

....g ­out of Gazaria PS Case No. 10 (8) 1996 dated 15‑8­1996 under sections 364/302/201/109 of the Penal Code from the Court of Sessions Judge, Munshiganj to the Court of Sessions Judge Dhaka.   2. The respondent No. 1 lodged an FIR on 15­8‑1996 with t...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

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

....e Bench of the High Court Division dismissing the First Miscellaneous Appeal No. 259 of 2001. The said appeal was filed against the order dated July 15, 2001 of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 1 of 2001 granting temporary injunction upon a petition filed under O......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. ..

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

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

....d order dated 27‑7‑1998 passed by the Administrative Appellate Tribunal in Appeal No. 74 of 1997 arising out of Appellate Tribunal Case No. 232 of 1994 of the Adminis­trative Appellate Tribunal, Dhaka. In the said appeal leave was granted to consider whether the learned Administrative Tribunals......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)

....6 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 of Police, Pirojpur. ......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

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

....eal No.7 of 1997. Judgment MA Wahhab Miah J.- This appeal under section 76 of the Trade Marks Act, 1940 has arisen out of an order dated 6‑7‑1997 passed by the Registrar of Trade Marks, Dhaka removing the name of the appellant from the register as the subsequent proprietor of registere...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ..

Category: Others | Date: 5 May, 2004 | Hits: 4

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

....orted in 50 DLR (AD) 97 and also has referred to the case of S.M. Basiruddin Vs. Zahurul Islam Chowdhury and another reported in 35 DLR (AD) 230 wherein this Division noticed that a Full Bench of the Dhaka High Court Division had held by majority decision that the two terms that 'non-agricultural la......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

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....¦â€¦â€¦..(9 & 10)  Cases Referred to-  Md. Amir Khan vs. Controller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trust vs. Province of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:&n...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....; RAJUK Vs. MN Alam & others, 54 DLR 161; Bangladesh Water Development Board Vs. Progati Prakushali and another, 49 DLR 335; Abdus Salam and another Vs. Osman Gini and another, 1984 BCR (AD) 346; Dhaka Leather Complex Vs. Sikder Construction Ltd. and another, 12 BLT 17; MOL Enterprise Inc Vs. Ba......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

....ain, Advocate‑on‑Record For the Respondent. Civil Appeal No. 288 of 2001. (From the Judgment and Order dated June 27, 2000 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No. 58 of 1997). Judgment  &nbs...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....he provision of Article 31 of the Constitution.  14. The respondent No. 1 was appointed to conduct hearing of Session Case No. 120 of 1993 in the 3rd Court of Additional Sessions Judge, Dhaka and that later on by the letter impugned in the writ petition his appointment as Special Publ......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

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....along with another Advocate Mr. Abul Hossain Talukder was appointed Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicito...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....st information report named accused in Zia International Airport PS Case No.38 dated 30‑11‑2003 under sections 302/34 of the Penal Code, new pending in the Court of Chief Metropolitan magistrate, Dhaka. But the Police is after this petitioner and he is being chased and harassed by the police onl...... This Case is also Reported in: 57 DLR (2005) 244.                         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....enge the petitioners be saddled with cost impugned memo.  4. In support of his submissions he has referred to the decision in the case of Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others vs. Md. Faizur Rahman and others reported in 51 DLR (A......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....nt opinion could be arrived at on fresh evaluation of the evidence………(14)  Cases Referred to-  Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Televisi......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....e is directed against the judgment of the High Court Division dated 13‑8‑1998 in Writ Petition No. 1805 of 1995 making the Rule absolute, setting aside the decision of the Labour Court, Dhaka.  2. Leave was granted to consider as to whether the High Court Division erred in......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99