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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... there was no such provision. In that meeting, it was informed to the Minister that some other farms also applied for being appointed as a consultant but the Hon'ble Minister stick to his earlier decision of entrusting Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consocia..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......e as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice. Plaintiff can seek relief in a properly constituted ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......that of the trial Court restored." 6. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the appellants, submitted that the High Court Division wrongly relied on the decisions reported in 34 DLR (AD) 267 and 36 DLR 90 which are not applicable in the facts and circ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......e petitioner an opportunity of being heard is without any justification, and there has been violation of the principle of natural justice. In support of his contention, Mr. Majumder has cited various decisions of this Court including the decision of the Appellate Division. One of the cited cases is ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... for getting iodine in the human body is iodized salt. The learned Advocate stated that for goitre disease the deficiency of iodine is primarily responsible. It has been submitted that the government decision banning on sale of edible salt without iodine has made it mandatory on the manufacturers to..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Exhibits B and B(1) by the final court of fact on consideration of ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......he City Bank is treated as public servant within meaning of section 21 of the Penal Code and section 2 of the Prevention of Corruption Act, 1947. In this aspect, the learned Advocate has cited a case decision reported in 1999 BLD (AD) 234. On the question of civil liability in the transaction, it is..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......there is no scope in the suit filed by the plaintiff-respondent to consider the right or title, if any, of a third party who is not admittedly party to the contract and hence there is no error in the decision of the High Court Division. 6. We have considered the submissions made by the learned ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......rol Act, 1991. In the facts and circumstances of the case and materials on record, we are of the view that the High Court Division on proper assessment of the materials on record arrived at a correct decision and there is nothing to interfere with the judgment of the High Court Division. Acco..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......d by the petitioner and the land thus vested in Rajuk. The petitioners have no right to occupy Rajuk's land and the possession as alleged is unauthorised. He has further argued that pursuant to a decision/resolution taken in a meeting of the sub‑committee held on 10‑1‑92 the question of al..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......presented by the Secretary, Ministry of Shipping for consideration of writ-petitioner's case for promotion to the post of Chief Engineer and Ship Surveyor, Department of Shipping but without making decision thereof the respondent No.4 did take step for making recommendation in respect of the res..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ecute the appellant and there being no further material as to refusal of sanction the legal presumption is that of according sanction to prosecute the appellant and, as such, there is no error in the decision. 6. At the time of giving leave it has been mentioned, "Mr Serajul Huq, ..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......thorise the filing of the instant petition for restoration, which had been already filed before that Power of Attorney was executed. In this regard the learned Advocate has referred to the unreported decision in Admiralty Suit No.37 of 1999 (Judgment delivered on 9‑8‑2004). The learned Advocate ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......d that the arbitration agreement included in the main contract made by defendant No.1 with defendant No.5 was part of the contract of the plaintiff with said defendant No.1 and upon misreading of the decision in the Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 200..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......nister acting through the respondent Nos.1 and 2 have committed a gross illegality in taking into consideration the aforesaid memo dated 10‑4‑04 of the Bureau or Anti-Corruption while taking decision to refuse sanction in this case. Mr. Rahman has also contended that although the FIR was lo..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......stitution of the Board. It provides that in every case where a dispute or difference has arisen between the parties who have agreed that such difference, disagreement or dispute shall be referred for decision of the tribunal, an application for arbitration obtainable, from the Association by requisi..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... 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.
......rationality, duty to act promptly and ensure fairplay and economic due process. Even if the petitioner is guilty of "Industrial Espionage" the Government does not have the right to withhold decision on his application indefinitely; whatever the outcome it must be disposed of fairly and pro..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......tion 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Similarly, he is entitled to present an appeal before this Divis..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....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. ...... 69. The fact of the reported case is distinguishable from the facts of the instant case and, as such, the view expressed by this Division there in the background of the fact of the said case and the decision made therein have no manner of application as regard the present case in the background of ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....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.
......of section 5(4) of said Act such Artha Rin Adalat had no jurisdiction to allow counter‑claim and the decree for counter‑claim therefore must be held to be coram non judice. In support, he cited a decision reported in 46 DLR (AD) 174.
20. He also took us through the record and submitted that..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
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