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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. ......                 Amirul Kabir Chowdhury J.- At the instance of the accused appellant Md Atiquzzaman Khan, this appeal by leave is directed against the judgment and order dated 18‑8‑1996 passed by a Single Benc..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)

.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332.   ..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

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

....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)

....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. ......1565 of 1995).  Judgment                    Md. Hamidul Haque J.- This Criminal appeal by leave has been filed against the judgment and order passed by the High Court Division in Criminal Ap..

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. ...... packets containing the counterfoils of issued ballot papers and (111) packets containing the marked copies of the electoral rolls. 4. Being aggrieved the appellant moved this Division and the leave thus has been granted to consider the submission as under: "Mr. Rokonuddin Mahm..

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

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

....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. ......fore the Magistrate. First Class, Chandpur alleging inter alia, that the petitioner visited the house of the complainant with the witness No.2 and used to tease her sister and then he was asked to leave their house. Thereafter he took shelter of some unruly people and further disturb her in diff..

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. ..

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.......dvocate instructed by Sufia Khatun, Advocate‑on‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 9‑4-­2002 passed by a Single Bench of the ..

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

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

....ar goods are being produced and manufactured at Chittagong EPZ and that there is no bar or illegality in manufacturing such goods. In the said circumstances, we fail to understand why the respondent, specially respondent No.1, is unable to take decision on the petitioner's application for manufa...... 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. ......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)

....e No. 12 of 1985 by the learned Divisional Special Judge" and that as there is no sanction for the prosecution of the Respondent No. 1 the Court of Special Judge has no power to proceed with the special case and the sanction being absent the learned Divisional Special Judge is not competent to ......dvocate‑on‑Record‑For the Respondents. Judgment                Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the H..

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

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

....sly this report has got no legal validity. Since it appears that the penalty of compulsory retirement was imposed upon the petitioner without following the provisions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the orde......nbsp;                                 ..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)

....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......ly).  Judgment                     Md. Fazlul Karim J.- The first party petitioner seeks leave to appeal against the impugned judgment and order dated 3‑12‑2001 and 4‑12&..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

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

....t is now well settled that such withdrawal is subject to consent by the trial Judge and when the accused persons are still absconding the discretion ought not to have been exercised by the divisional special judge in the present case." 18. On the aforesaid reason also we are of the opinion......iz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 ..

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

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

....tted a grave omission in not looking into the fact, why Upendra Nath lost his Partition Suit upto its appeal against the present plaintiff and why he was compelled to institute a Title Suit instead: especially, why his prayer for separate saham was refused. 24. The other important factor in thi......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

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

....cellation without assigning any reason application(s),filed seeking allotment of plot in, the Rehabilitation Zone as affected persons(s). 3. It is the contention of the writ petitioner that this special clause as to cancellation or non-consideration of application(s) filed seeking allotment a a...... Lawyers Involved: Shah Md. Khasruzzaman, Advocate, instructed by Md. Waliul Islam, Advocate‑on‑Record‑For the Petitioner. Not represented‑the Respondents. Civil Petition for leave to Appeal No. 1372 of 2002 (From the Judgment and order dated February 6,2002 passed by th..

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

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

....eeding in any Court. 13. As a general rule, the provision of section 102 of the Waqfs Ordinance, 1962 is to be viewed excluding those of the Code of Civil Procedure. The Waqfs Ordinance, being a special statute providing a special remedy any relief provided therein shall bar the jurisdiction of......and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266 of 1991 (Dhaka) and 27 of 1988 (Chittagong). Judgment Md. Fazlul Karim J.- This appeal by leave has impugned the judgment and order dated 25‑4‑1994 passed by the High Court Division in A..

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

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....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. ......heque is drawn on an account maintained by the drawer with a banker in favour of another person to encash such amount mentioned in the cheque is returned unpaid then the above words of section 138(1) leave no manner of doubt that, for whatever reason it may be, the liability under the provisions can..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

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. ......;                          Mohammad Fazlul Karim J: The writ petitioners seek leave to appeal against the impugned judgment and order dated 05-01-2004 passed by the High Court Di..

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

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

....pectively constituted attorneys, of the plaintiff in respect of the disputed property and DWs 3, 6, 8, 9 in their evidence supported the case of defendant No. 1 and, in our view, their evidences, especially the evidence of DW 3, were rightly taken into consideration by the trial Court regarding ......t Division in First Appeal No. 92 of 1971). Judgment                   MM Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 18-­4‑2000 passed by a Division B..

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