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Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....¦¬ŕ¦żŕ¦§ŕ¦ľŕ¦¨ŕ§‡ŕ¦° সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে। Cases Referred to- Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686. Lawyers Involved: Md. Ma......t Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Salauddin Ahmed ..........................................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents ......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. ......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. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

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

....Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003. ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)

....r that the impugned order calls for our 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) 14. ......vil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October ......r that the impugned order calls for our 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) 14. ......st forged and false, votes affixing seal in "Boat Symbol" in favour of the respondent No. 4 and took signature of all the Assistant Presiding Officers forcibly in several papers. Thereafter, Md Nurul Islam, Assistant Presiding Officer of the said centre escaped from there and made a written complain..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

.... High Court Division (Criminal) Present: Syed Muhammad Dastagir Hussain J Mamnoon Rahman J Firoz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result:...... Supreme Court High Court Division (Criminal) Present: Syed Muhammad Dastagir Hussain J Mamnoon Rahman J Firoz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004......oksedpur District-Gopalgonj 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: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj 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: 15 BLT (HCD) (2007) 85. ..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ...... ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ...... Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ed in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......lowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

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 ...... 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. ...... 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 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. ...... 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Islam Advocates-­ For the Appellant. Not represented- The Respondents. First Appeal No..

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

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.   ...... Mahmudul Huq J Yusuf  Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others…………………&he......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 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 Bashar and Jubaida Gulshan Ara- For Opposite Parties No.3, 41‑48 and 50. ..

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)

....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  ......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. ......, 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 ......nbsp;                                 ......titioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: The Rule is made absolute. Service Regulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted its enquiry with..

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 ......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. ......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: ......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. ......ney‑General (Khondaker Mahbubuddin Ahmed, Senior Advocate and Abdul Malek, Senior Advocate with him), instructed by Mvi Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. AKM Fakhrul Islam, Advocate (appeared with the leave of the Court) instructed by Md. Aftab Hossain, Advocate‑o..

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

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......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.         ..

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. ...... Result: Both the Rules are made absolute. Lawyers Involved: Syed Mizanur Rahman with SRM Lutfor Rahman Akhand, Advocates ‑ For the Petitioner. Abdul Baset Mazumder with Nakib Saiful Islam, Advocates ‑ For the Opposite Party No. 2. (In Criminal Miscellaneous No. 426 of 2004) Ab..

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

Rajdhani Unnayan Karti­pakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)

....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......sion (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Karti­pakhya (RAJUK) repre­sented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: ......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......ove. The petition is disposed of. Ed. This Case is also Reported in:..

Category: Property Law | Date: 21 Jul, 2004 | Hits: 133

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. ......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. ......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&......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. ......th 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 Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-..

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......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.       ...... He could not say how long she possessed. Earlier, IRRI paddy used to be produced in the suit land. Now, there were shops. He could not say whether Zamini Bala grew IRRI. 21. D.W.3 Haji Shahidul Islam testified that he got land east and north of the suit land. The defendant possessed the suit l..

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

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....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. ...... 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. …......Respondents Judgment July 1......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. ......t.  Ed. ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196