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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......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.     ......ucation Officer Vs. Joynal Abedin and others, 40 DLR 328; Radha Rani Vs. Durga Rani Adhikari, 47 DLR 360. Lawyers Involved: SK Md. Morshed, Advocate- For the Appellant. Md. Momtazuddin Ahmed, Advocate‑ For the Respondents. First Miscellaneous Appeal No.3 of 2004. Judgment ..

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

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

....ion of the said provision is not sustainable in law…………………………………(8)  Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Banglades...... 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 ......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. ......assir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Rajshahi Develop­ment Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others..............     Respondents  Judgment ..

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

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

....nsferred 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.......5.......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.......uddin Vs. Zahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun, 35 DLR (AD) 338. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant(In a..

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

....als Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Inv...... High Court Division (Civil Revisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 2...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....missed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ...... 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......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. ......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. ...... 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. ......hers..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshed Ahmed Khan with ASM Abdur Razzaque, Advocates—For Respondent No. 2. Writ Petition No. 4339 of 2..

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

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

.... Supreme Court  Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anw......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 ......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. ......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

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

.... Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establish­ment and others ...........Responden...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establish­ment and others ...........R......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

....ed in Sessions Case No.46 of 2000. E. Copy be forwarded for information and necessary action to: i Learned Additional Sessions Judie, Pirojpur. ii. Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. iii. Inspector General of Police, Dhaka. iv. Superintendent...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....istrict Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect. 2. The facts of the case, in brief, are that Bangladesh Shilpa Bank, the respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2......din Chowdhury J National Oxygen Limited and others…………………………………………Petitioners Vs. Additional District Judge and Bankruptcy Court, Chittagong and another……&hell......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....ef prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. .............Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and others……………...............Respondents (In C.A.No.85 of 1999) Judgment April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal a......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......in Vs. Zahurul Islam Chowdhury and another, 35 DLR (AD) 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, 35 DLR (AD) 338; Abdur Rabban Vs. Aminul Hoque Sowdagar and another, 43 DLR (AD) 19; Ahmed Hossain and others Vs. Basharat Ali and others, 32 DLR (AD) 54. Lawyers Involved: Khandker M..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....d. This Case is also Reported in: ...... Court  Appellate Division (Civil) Present: SJR Mudassir Husain J Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh Bank and others......Appellants Vs. Zafar Ahmed Chow­dhury and another .........Respondents  Judgment April 24, 2004...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: SJR Mudassir Husain J Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh Bank and others......Appellants Vs. Zafar Ahmed Chow­dhury and another .........Respondents  Judgment April 24, 2004. Result: ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

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

....ot empowered to supersede the arbitration clause and appoint an arbitrator who is not named in said arbitration clause………………(51) Cases Referred to- Bangladesh Water Development Board Vs. Nasim another, 1988 BLD 369; RAJUK Vs. MN Alam & others, ......rt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Executive Engineer, LGED, Rangpur................Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment A......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. ......DLR 478; R. Sim & Co. Vs. Pakistand Industries Ltd., 8 DLR 305; Bangladesh Vs. Masriki Textile, 35 DLR (AD) 123. Lawyers Involved: MA Gaffar, Advocate- For the Appellant. Shafique Ahmed with ARM Shahidul Islam, Advocates‑ For the Respondent. First Miscellaneous Appeal No. ..

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

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

....ept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangladesh. …………………………(13)&nb...... Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J  Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent   Judgment ...... 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. ...... 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. ..

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

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

.... ......1. ...... 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

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

.... Division in Writ Petition No. 3005 of 1998 declaring the Memo No. 2862/Solicitor/96‑312/4 dated 13‑9‑1998 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh cancelling the appointment of the petitioner as Special Public Prosecutor illegal and wi......p; Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Uddin and others……..................Respondents  Ju......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)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment April 5, 2004......nbsp; Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Respondents  Judgment A...... 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

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 244.                         ......gh Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgment &nb...... This Case is also Reported in: 57 DLR (2005) 244.                         ......bsp;         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

.... Alauddin Sikder (Md) and another……………Petitioners                Vs. Bangladesh and others ....…….............Respondents  Judgment Mar...... J  Alauddin Sikder (Md) and another……………Petitioners                Vs. Bangladesh and others ....…….............Respondents  Judgment......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

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

....appeals. Accordingly, the appeals are allowed. Ed. ......lowed. 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. ......sdiction………………….(28) Cases Referred to- Md. Shamsuddin alias Lambu and others vs. State and others 40 DLR (AD) 69; Md. Shafiqullah vs State 33 DLR 297 = 1981 BLD 119; Salimuddin Ahmed vs. State 32 DLR (AD) 103; Ghulam Muhammad vs. State 19 DLR (SC) 439; MS Khawaja vs. State 17 ..

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