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Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....casions to return the papers including the share certificates, but he did not comply therewith. They also wanted to become parties in Title Suit No. 145 of 1988 of the 3rd Court of Subordinate Judge, Dhaka which arose out of an award between the company and the Power Development Board. On the object......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....n an application under section 561A of the Code of Criminal Procedure, was obtained seeking quashing of the proceeding of Petition Case No. 3965 of 1998 of the Court of Chief Metropolitan Magistrate, Dhaka. The said petition case was started upon a petition of complaint making the allegation of comm......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....High Court Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plain­tiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the aver­ments, inter alia, that the respondent No......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....ed judgment of the High Court Division making the Rule absolute staying all further proceeding of Money Suit No. 31 of 2001 pending in the 5th Court of Subordinate Judge (now Joint District Judge) at Dhaka while referring the matter to the Tribunal of Metropolitan Chamber of Commerce and Industry fo......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....ecree of February 1, 2000 of a Division Bench of the High Court Division in First Appeal No. 269 of 1999 affirming the judgment and decree of January 11.1999 of the 5th Court of Subordinate Judge, Dhaka in Title Suit No. 106 of 1994 decreeing the same upon making the award dated August 22, 1994.......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....riminal miscellaneous case under section 491 of the Code of Criminal Procedure the detention of detenu Mahbubur Rahman, son of late Abdul Malek of Abdullahpur Westpara, Keraniganj, District Dhaka has been challenged. The miscellaneous case was heard by a Division Bench comprising of their ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

..... The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy property and that the notification dated July 31, 1965 published in the Dhaka Gazette dated November 4, 1965 notifying the property as evacue/enemy property, illegal, with......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....ants (Retirement) Act, 1974 (XII of 1974).  3. The petitioner MA Gafur, joined as Lower Division Clerk on 1st July, 1965 in the Military Estate Office of erstwhile East Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was runnin......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....ue dated 15‑5‑2001 for Taka 15.00 lakh and cheque dated 30‑5‑2001 for Taka 15.00 lakh in favour of the petitioner in its account maintained in the National Bank Ltd., Foreign Exchange Branch, Dhaka, for a total amount of Taka 60,00,000 but when the petitioner deposited the three cheques on t...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....ithout lawful authority and of no legal effect.  2. Respondent No. 1 filed the writ petition impugning the said notices stating, inter alia, that House No. 32 (new), Road No. 4, Dhanmondi Dhaka belonged to Mrs Ovais Bandi; that the respondent was a tenant in the house under her that on 2......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....hat contained statement which was otherwise not true, the High Court Division set aside the conviction of the petitioner passed for the offence of committing forgery. Another Division Bench of the Dhaka High Court in the case of Ali Akbar vs. State reported in 10 DLR 354 in the background of the......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....etition, should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 5. Writ petitioner Nos. 1 and 3 are professors of Dhaka University and the Writ petitioner No. 2 is the President of Bangladesh Federal Union of Jour......error of law in adjudicating upon seriously disputed questions of fact in the writ jurisdiction. 32. Dr. Kamal Hossain, the learned Counsel appearing for the intervener petitioners Citicorp International Finance Corporation and Waterford Partners LLC in Civil Petition for Leave to Appeal ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....r;_‡K my¨‡qvg‡Uv i“j Bmy¨ Kiv nq bvB”| 3. We also issued Rule upon the Chief Editor, Editor, Printer, Publisher, Owner and reporter of the Daily Ittefaq, Dhaka, for publication in their aforementioned newspaper a news published on the 1st of November, 20...... Navy or the police of the Republic. It is finally contended that the unfortunate reality of the Judiciary in Bangladesh as reported in various recent opinion polls, survey and report of Transparency International (BD) discloses the concern of corruption in the judiciary and, in fact, the newspapers..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....d come. They were also threatened to kill the victim, if the matter was made known to others. It appears from her testimony that the victim girl came to her maternal uncle’s house at Jhalakati from Dhaka at one stage after departure from her father’s house and the accused Monir and Md. Alam fled...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).

....nbsp; 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the accused is the owner of a store situated at 115/A, New Elephant ...... interference.   The criminal petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58. ..

Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

....rom "Ka" list of the abandoned buildings published in the gazette dated 23‑9‑1986. Prior to that the petitioners filed Title Suit No. 536 of 1985 on 25‑11‑1985 before the 1st Assistant Judge, Dhaka praying that the property could not be enlisted as an abandoned property and the same should b....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....he suit land was requisitioned in LA Case No. 71 of 1960‑61 under the provision of (Emergency) Requisition of Property Act, 1948 for construction of link road from Darus Salam to section 1, Mirpur, Dhaka. The petitioners claim that this land belongs to them and after requisition and acquisition a ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....clared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 2. In this Writ petition two of the petitioners (Nos.1 and 3) are professors of Dhaka University and the petitioner No.2 is President of Bangladesh Federal Union of Journalists. Th......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....of plaintiff's title by adverse possession, but for declaration that the compromise decree obtained by some of the respondents in Title Suit No. 107 of 1966 in the 4th Court of Subordinate Judge, Dhaka is fraudulent, void and not binding upon them. In this suit, therefore, plaintiff-appellants a......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

.... Appellate Division (Civil) Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J  Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors...............nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202