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Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

....ts tent manufacturing factory at Dhaka EPZ and with the permission of the respondent No.1, relocated its factory at Chittagong EPZ with an investment of 6 million United States dollars. It is further stated that although the petitioner by its project proposal dated 10th November, 1999 applied for pe...... 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. ..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....missioner, Dhaka, the Land Appeal Board and the Secretary, Ministry of Land. Thus disappointed and frustrated, she was constrained to institute the suit. 11. By amendment of the plaint, she also stated that she got her name mutated by order dated 19‑3­92 both in the land record as well as......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. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....red by the Bank as against the judgment of the trial Court was pending. It appears that the sanction ­according authority wrote the letter dated 8‑9‑1990 upon misconception of fact as stated hereinbefore and that also in the background of de‑nationalisation of the Bank by the g......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)

....of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appears that the penalty......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)

....th following break‑up: (a) SOD A/c No.01038098 at Taka 50,96,812.10 and (b) LIM A/c No.477/82 at Taka 23,96,897.88. 8. Defendant Nos.1, 4 and 5 contested the suit by filing a written statement denying the entire case of the plaintiff bank. Their specific case is that the bank in col......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)

.... 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.   Lawyers Invol......ct, was dismissal under the garb of termination, inasmuch as it appears from the record that the petitioner was the General Secretary of the employees Union and he took active part in the Union affairs and for this reason he has been terminated. The learned counsel further submitted that unde..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)

....o know of the incident lodged the said First Information Report against 9(nine) accused, mentioned their names, adding that there were other assailants with them committing the murder. It was further stated in the First Information Report that the accused Hazi Riazuddin alias Moni had dispute with d......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. ..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....adhamoni Debi Vs. Collector and others, 27 Indian Appeals 136; Secretary of State Vs. Debendra Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai and others Vs. Special Manager, Court of Wards; Balrampur Estate and others 1935, (Privy Council) 53; Musa Ali Vs. Nur Ahmed and others, 44 DLR (AD) 154; Kumar......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

MM Ishak Vs. State and another, 2004, 33 CLC (HCD)

.... Police after investigation of the case submitted final report against them. The informant filed Naraji petition against such police report. The Tribunal on consideration of the police report and the statement of the witnesses recorded under section 161 of the Code of Criminal Procedure took cognisa...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..

Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156

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

....iffs filed an application for review of the order which was rejected on 11‑6‑87 by defendant No. 4 leading to the institution of the suit. 3. The appellant contested the suit filing written statement stating, inter alia, that the property in suit is waqf property and Mutwalli is entitled t......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

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

....land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was constrained to institute the suit. 4. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being No.965 and 966 dated 30‑10......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)

.... of death of Swapna Begum and consequently, prosecution case having not been established, High Court Division was in error in accepting reference, is not well founded since PW 1 in his evidence has stated that he noticed mark of beating on the body of Swapna Begum and that fact of causing death i...... 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

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....or was not enti­tled to pre-empt the sale held on September 5, 1988. 5.Thereupon the pre-emptor moved the High Court Division in revisional jurisdiction. The High Court Division by common order, as stated herein above, rejected the revisional applications summarily upon observing "Since in th......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

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

....ad‑interim injunction.  5. The defendant Nos. 1 and 2 entered appearance in the suit and filed written objection denying the averments made in the petition for temporary injunction and have stated, inter alia, that the subject matter of the suit, in which prayer for injunction has been mad......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

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

.... that land does not mean the land simpliciter, but also includes benefit arising out of the land, things attached to the earth or permanently fastened to anything attached to the earth and, in that state of the matter, in assessing statutory compensation @ 15% in respect of the acquired lan......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)

....of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 19......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)

....e with one bruise mark, 5" in length and irregular in breadth on either side of the neck at the level of thyroid aurtilge, two bruises of equal size on the right side of the neck below the above stated injury No.1 size 0.5" x 0.5" and one bruise 2" x 1" on right side of the ......lt of strangulation which was ante-mortem and homicidal in nature. 5. Prosecution case programmed in First Information Report and unfolded during trial was that discord in respect of some family affairs between wife Hasi Begum and husband Md. Delwar Hossain Faraji commenced and that discord sto..

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)

.... 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.   ...... 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)

....holding since the fact of separation of the holding was acted upon by paying rent. It may be mentioned payment of rent was sought to be established from the side of the pre-emptees. 18. In the afore state of the matter it was urged at the time of obtaining leave that the contrary finding of the Hig......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)

.... law to pass any relief while disposing of an application under article 102 of the Constitution. ………………..(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 P...... 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