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Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....rder dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge and S.C.C. Judge, Sadar, Kushtia. The Rule was obtained against the judgment ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....earned Arbitrator misconduct himself as well as the arbitration proceedings by giving the award which on the face of it was perverse. 18. On behalf of the respondent, Mr. Shafique Ahmed, learned Senior Advocate, on the other hand, submitted that the very objection filed by appellant does not de......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... Cases Referred to-  Sonali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali advocate‑on‑Record‑For the Appellant...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......o. 1 (Agrani Bank) having had fallen ill on November 15, 1990 applied for leave for one month with effect from November 20, 1990 upon filing a medical certificate duly countersigned by the Medical Officer of the appellant No. 1, that thereafter on December 26, 1990 the respondent submitted an ap..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... Sharping Matshyajibi Samabaya Samity Vs. Bangladesh 39 DLR (AD) 85; Bangladesh Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Senior Advocate, Abdur Razzaque, Senior Advocate with him, instructed by Md. Nawab Ali, Advocate‑o...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....hand-writing expert as to execution of the document in question……………………(8 & 9) Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, (MI Farooqui, Advocate with him), instructed by Mr. MG Bhuiyan, Advocate‑on&#......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....‑For the Appellants. ldris Khan, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate‑on­-Record-For Respondent No. 1. Abdul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record‑For Respondent N......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....ch person is not competent to question the legality of such action……………………(8)  Lawyers Involved:  Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Khan, Advocate‑on‑ Record‑For the App...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rlooking the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual held that the charge‑sheets were submitted by the incompetent Police Officer, i.e. Assistant Inspector of District Anti‑Corruption Bureau. 8. The learned Additiona..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

..................Petitioner vs State, Represented  by the DC......................Respondent  Judgment  March 24th, 2004.  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate (Syed Ziaul Karim, Advocate, with him), Instructed by Md. SR Khoshnabish, Advocate-o......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......he High Court Division in Criminal Revision Case No. 1257 of 2003 refusing interference with the order dated 8-11-2003 passed by the Magistrate, Gopalganj sending the application to the Investigation Officer with a direction to add relevant section of the Druta Bichar Ain if there are ingredients of..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....thers 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26.  Lawyers Involved:  Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him), instructed by Sifia Khatun, Advocate‑......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....n was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appellant. M I Farooqui, Senior Advocate (Mohsin Rashid, Advocate with him) instructed by MG Bhuiyan, Advocate-­on‑Record ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....f the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same.  Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record–For the petitioner. A......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ...... no legal value. It was also the contention of the petitioner that in any view of the matter Rules 11 and 12 of the Pourashava Commissioners and Chairman (Resignation, Removal  and Vacation of Officer) Rules, 1980 were violated in issuing the letter of removal inasmuch as in the Rules of 19..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......the Ordinance it appears that the employees of the Corporation are employed under section 47 of the Ordinance as mentioned in the Schedule of posts either by the Corporation or by the Chief Executive Officer as envisaged under section 49 of the Ordinance. 35. Section 53 of the Ordinance deals w..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....s third party sought to be added in the suit as defendant No.4. 4. By impugned order the application was allowed and said third party was added as defendant No.4. Mr. Mahbubey Alam, learned Senior Advocate, submitted the suit is instituted for enforcement of an agreement and the third is n......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....ing found prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of the other inmates of the house. 4. Eventually, the case record has been sent to the Senior Special Tribunal, Lakshimpur. The Senior Special Tribunal has taken cognizance of the offence......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ...... 4­7‑1996 fixing 8‑7‑1996 for appearance and hearing. The respondent appeared before him and he was Oven questionnaire to which lie was directed to reply in writing. The Enquiry Officer conduced enquiry is violation of the prescribed rules of the Government Servants (Discipline..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

.... tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (SM Munir, Advocate with him) instructed by  Sajjadul Huq, Advocate‑on‑Recordâ€......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......istrate, First Class, Jessore recorded judicial confessional statement of accused Anjuara Khatun under section 164 of the Code of Criminal Procedure. He testified that laws and procedure in recording Judicial confessional statement had been duly complied with and all columns had been filled up and a......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7