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

....s the petitioner closed down its 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...... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Tariq ul Hakim J Northpole (BD) Ltd......................................Petitioner Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents ......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. ..

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

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

....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. ......ourt High Court Division (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......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. ..

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

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

....ed. Ed. ...... (Criminal)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents  ......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. ..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nbsp;                                 ......gh Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August ......bers of the Board of Governors of the Islamic Foundation which is the appellate authority, that this petitioner was the convener of an enquiry committee formed to enquire into the allegations against Md. Lutful Huq, Director and one of the members of said enquiry committee, that besides, the petitio......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)

.... from consideration by a Court of law. Cases Referred to- Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 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 Shahi......ision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ­Bank of Credit and Commerce International (Overseas) Ltd............Appellant Vs. Bangthai Electrical Industries Ltd. and others............................Respondents ....... 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. ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

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

....(AD) (2005) 26. ......ision (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: ...... (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. ..

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

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ...... Md. Arayesuddin J S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………&hellip...... Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

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

....a Sarker Vs. Amulya Chandra Sarker and others, 44 DLR (AD) 147; Abdus Sattar Vs. Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni 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, Cou...... Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………&he......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.         ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

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

....516. ......(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. ..

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

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

....evicting, the plaintiff’s predecessor and grandmother therefrom. The predecessor of the plaintiffs accordingly, continued in their possession in the suit land as before on payment of rent and after State Acquisition and Tenancy Act the suit land was recorded in the name of plaintiffs father withou......ppellate Division (Civil) 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. ......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. ..

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

M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)

....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged.  With above expunction of the redundant observation, this petition is dismissed.  Ed. ......   Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  M. A. Mazid and another………………..Petitioner Vs. The Chairman, Chittagong Port Authority and others…………..Respondent&......ity and others…………..Respondent  Judgment 18th July 2004     Lawyers Involved:  Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record- For the Petitioners.  Habibul Islam Bhuiyan, Senior ......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged.  With above expunction of the redundant observation, this petition is dismissed.  Ed. ..

Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109

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

....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.       ......igh Court Division (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 J....... 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.       ..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

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

.... Ruhul Amin J Md. Tafazzal Islam J  Mukul …………….Petitioner            Vs. State……..Respondent   Judgment July 10, 2004.  The...... J MM Ruhul Amin J Md. Tafazzal Islam J  Mukul …………….Petitioner            Vs. State……..Respondent   Judgment July 10, 2004. ......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. ..

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

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

....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. ...... 51. ......on. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......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

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

....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.     ......sion   (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment Jun...... 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.     ..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....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. ...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Rajshahi Develop­ment Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others..............     Respondents ...... 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. ..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

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

....f khatian No. 450/1 and 450/2 in the name of the heirs of late Abdul Mogni and the pre-emptor there was no separa­tion of jama or sub division of the holding as contemplated by section 117(c) of the State Acquisition and Tenancy Act,rather the same were up dating of the record of right i.e. khatian......5.......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...

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)

....gas line in Sylhet, officially known as Jalalabad off plot pipelines facilities bearing contract No. 5169 and the plaintiff on February 28, 1997 executed a sub­contract agreement with the Gulf Inter State Engineering Company, a USA‑based Company to execute design engineering work and procurement ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another ..................Petitioners Vs. Maxwell Engineering Works Ltd and another...............Respondents  Judgment June...... of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......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

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......57 DLR (2005) 138. ......stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

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

....ctures, tank excavation, house rent, fruits, fish, etc. which was in violation of sections 23 and 24 of the Land Acquisition Act, that the High Court Division wrongly rejected the objection of the State on the above point upon a misconception of law and misinterpretation of the word 'land' as oc......Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents   Judgment ......any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......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