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Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....s. Ed. This Case is also Reported in: 57 DLR (2005) 663. ...... 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. ......iates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 1992 SCMR 65; Union of India Vs. Manager, Jain and Associate, 3 SCC 277. Lawyers Involved: TH Khan with Fazlul Karim, Md. Mohiuddin Ahmed and Rezina Choudhury, Advocates‑ For the Appellant. ......ellip;……….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jute Mills Co. Ltd. Vs. Raymon and Co. India (Pvt.), AIR 1963 ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....wo) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
...... 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.
......n Ali Sikder and MA Wadud, Advocates- For the Petitioner.
AF Hassan Ariff with Bodruddoza, Advocates‑ For Respondent No.1.
AJ Mohammad Ali, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General‑ For Respondent No.4.
Writ Petition No.7391 of 2003.
Judgm......)
Present:
Md. Abdul Matin J
Tariq ul Hakim J
Northpole (BD) Ltd......................................Petitioner
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
..... Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: T..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......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. ......f in front of other co‑sharers and relations divesting himself of all his interest therein. Then, on 16‑1‑85 said Anisuddin Ahmed had sworn an affidavit before a Notary Public Mr. Zahirul Hoque Khan, which was duly notarized. 6. Anisuddin Ahmed was then on 21‑10‑85 convicted by Specia......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......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. ......e. So, the application made by a son of last Mutawali claiming interest in the Waqf estate cannot be denied to prosecute the appeal………(17 & 18) Lawyers involved: TH Khan with Sk Zulfiquar Bulbul Choudhury‑ For the Petitioner. Mahmudul Islam with Md. Humayun ......; Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………………Op..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)
....of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......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. ......Cases Referred to: Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate‑on‑ Record-For the ...... Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents Judgment August 10, 2004. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
.....
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......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.
......) 174; Shipping Corporation Limited Vs. WH Bennett and others, 36 DLR (AD) 175; State of Gujarat Vs. Shantilal Mangaldass, AIR 1969 SC 634.
Lawyers Involved:
Sayyed Shahid Hossain with Rina Khan, Advocates- For the Appellant in First Appeal No.60 of 1992.
Fazlul Karim with AKU N......Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
.... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: The leav......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. ......ent and order by the High Court Division on appeal has been confirmed. Case Referred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General (Khondaker Mahbubuddin Ahmed, Senior Advocate and Abdul Malek, S......secution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming t..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....LR (2005) 702. ......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. ......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. ......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....d down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......ndustries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR 65; Union of India Vs. Manager, W/s Joy and Associates, (2001) 3 SCC 277 = AIR 2001 (SC) 809. Lawyers Involved: TH Khan with Mahbubey Alam and Rezina Chowdhury, Advocates- For the Appellant. MA Samad with MGH R......ivil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... 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. ...... 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. ...... 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. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J MM Ishak....................Accused Petitioner Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....n accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......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. ......e plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........(18) Lawyers involved: TH Khan, Senior Advocate, (Mokbul Ahmed, Advocate with him), instructed by Md. Nawab Ali, Advocate‑on......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....nt to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......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.
......s (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46.
Lawyers Involved:
Khan Saifur Rahman with Md. Shakir Hossain, Advocates‑ For the Petitioners.
Md. Abdul Basher ...... 57 DLR (2005) 603.
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
..... Ed. This Case is also Reported in: 57 DLR (2005) 774. ......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. ......rights of the plaintiff. The plaintiff was therefore not required to seek any declaration either for setting aside or cancellation of them. Nor was she required to amend the plaint. 42. In Sufia Khanam Vs. Faizun Nesa, the Appellate Division held, inter alia. "In view of what has been...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....interfered with. The appeal is thus allowed with cost. Ed. ......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. ......sp; the judgement of the High Court Division is not a proper judgement of reversal……………………(33) Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record‑For the Appe...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....e same argument, the petition for review is dismissed. Ed. ...... 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. ......nd it implies that if such error or errors is/ are allowed to continue injustice would be perpetuated. Cases Referred to- Zulfikar Ali Bhutto vs State, PLD 1979 SC 741; M Amir Khan vs Controller, State Duty, 14 DLR (SC) 276, Zobaida Nahar @ Jharna vs Khairunnessa being dead ......sion) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetu..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... Ed. ...... 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. ...... Lawyers Involved: Mainul Hosein, Senoir Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record – For the Petitioner. T H Khan, Senior, Advocate, instructed by Syed Mahbubur Rahman, Advocate‑on – Record &ndash...... Judgment June 30, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Whenever both parties and most of the witnesses reside in one place within the jurisdiction of one court and the case or..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 640. ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...... Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment June 29, 2004. Result: ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
.... Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......lip;………………………………(8) Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99. Lawyers Involv...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......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.......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.......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and others................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
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