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Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

.... (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....ied upon the decision of the Appellate Division in the case of Abdul Khaleque and others Vs. Md. Hanif and others reported in 1 MLR (AD) 404, in the case of Sreemoti Prativa Rani Dey (Tirtha) Vs. Dr. Mohammad Yousuf reported in 2000 BLD 55. The ratio evolved is that the consent mentioned in section ......rativa Rani Dey (Tirtha) Vs. Dr. Md. Yousuf, 2000 BLD 55 = 52 DLR 206; Syed Matiur Rahman alias Motiur Rahman Vs. State, 35 DLR (AD) 329; KATM Amanullah Vs. Golam Sultan and others, 36 DLR 131; Altab Hossain Vs. Kabed Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Isl...... (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....ellip;…………(24)  Cases referred to:   Pandurang Jivaji Apte vs Ramchandra Gangadhar Ashtekar AIR 1981 SC 2235; Shahani Bibi being dead her heirs Mohammad Azim and others vs Nur Islam being dead his heirs Doly Islam and others 4 BLC 195; Musamma...... by Md. Sajjadul Huq, Advocate‑on‑Record‑For the Appellant. AJ Mohammad Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record Md. Aftab Hossain, Advocate‑on Record for- Respondent Nos. 1‑ 7. Not represented‑Re......te Division (Civil)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J   Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents   Judgment January 5, 2......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......315. ......57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ...... also Reported in: 57 DLR (2005) 323.   ...... High Court Division (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment Decemb......ules, 1924 that for not having the licence renewed within the calendar year or stipulated time the licence will be cancelled……..(8 & 9) Cases Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170; AIR 1956 Calcutta 96; AIR 1954 Raja..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... High Court Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Muminur Rahman J Moyeenul Islam Chowdhury J Bangladesh Legal Aid and Services Trust and another.......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare, Government of ......inal Jurisdiction) Present: Shah Abu Nayeem Muminur Rahman J Moyeenul Islam Chowdhury J Bangladesh Legal Aid and Services Trust and another.......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare, Government of People’s Republic of Bangladesh an..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and finally published. On......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....liability, initiation of Criminal Proceedings is illegal and liable to be quashed. 6. Mr. AQ Md. Shafiullah, the learned Advocate for the opposite parry No.2, assisted by his junior Advocate Mr. Mohammad Ullah, submits that while the petitioners was Branch Manager of the Cox's Bazar City Ba......nal prosecution if the person is also liable to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 2......urt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties Judgme...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)

....ition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ...... Present: Syed JR Mudassir Hussain J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Kishore Kumar Roy ……………......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Resu......sion (Civil) Present: Syed JR Mudassir Hussain J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Kishore Kumar Roy ……………......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment December......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..

Category: Property Law | Date: 12 Dec, 2004 | Hits: 62

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......thers..............................Respondents Judgment December 4, 2004. Result: The Rule is discharged. Lawyers Involved: Idris Khan with Md. Nowshad Zamir and Sathika Hossain, Advocates-For the Petitioner. Khasruzzaman with Reshma Sultana, Advocates-For Responde...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Haq J Hasina Begum and others....................................Petitioner Vs. Chairman, RAJUK and others..............................Respondents Judgment Dece...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaq, Senior Advocate, Mohammad Hossain, Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record-For the Petiti......f Shipping and others……….....Respondents Judgment December 4, 2004. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaq, Senior Advocate, Mohammad Hossain, Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. ...... Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Muinuddin Zulfiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 200......rveyor inspite of writ-petitioner being senior to the said respondent No.5, that the writ-petitioner on May 7, 2001 represented to the respondent No.1, Government of Bangladesh, represented by the Secretary, Ministry of Shipping for consideration of writ-petitioner's case for promotion to the po..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment December 4, 2004. Result: The leave petition is dismissed. Lawyers Involved: B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Pet......in J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment December 4, 20....... This Case is also Reported in: 10 BLC (AD) (2005) 39. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

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

....ng upon the respondents to show cause as to why the impugned Judgment and order dated 21‑9­-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of......so Reported in: 57 DLR (2005) 332.   ......igh Court Division (Special Original Jurisdiction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents ......gly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Public Works, 9 MLR 76 = 9 BLC 195. Lawyers Involved: Abul Kalam Ch..

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

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ......tion Vs. Maico Jute and Bag Corporation and others, 2002 BLD 320; 55 DLR (AD) 23. Lawyers Involved: Abdullah-al-Mamun, Advocate‑ For the Petitioner Md. Khalilur Rahman with Rubaiyat Hossain, Advocates‑ For Opposite Party No.1. Civil Revision Nos. 3438 and 4501 of 2003. ......h Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November......ders of stay granted at the time of issue of the Rules on 18‑8‑03 and 26‑10‑03 are hereby recalled and vacated.  Communicate at once. Let a copy of this judgment be sent to the Secretary of the Ministry of Law and Parliamentary Affairs for necessary correction of the English t..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

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. ......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 ......ecial 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 Judgment Ma..

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

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. ......d for undoing the election ………………………..(19) Cases Referred to- Md. Shajahan Vs. Md. Sadeq, 38 DLR (AD) 275; Syed A Jalil Vs. Mahbub Alam, 46 DLR (AD) 96; Muzaffar Hossain Vs. Md. Humayun Kabir, 48 DLR (AD) 59. Lawyers Involved: Rokonuddin Mahmud, Seni......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. ..

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. ...... in Nari-O-Shishu Nirjaton Case No.38 of 2001 and we find cogent reason to set aside the conviction and sentence. Accordingly the Rule is made absolute. Let the petitioner Firoz Chokder son of Lat Hossain Chokder of village Kamlapur P.S. Moksedpur District-Gopalgonj be set at liberty if not want...... 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. ..

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

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

....eard Dr. Kamal Hossain, the learned Counsel appearing with Mr. Nizamul Huq and Ms. Sara Hossain on behalf of the petitioners and the learned Deputy Attorney-General Mr. Md Helaluddin Mollah, with Mr. Mohammad Adbul Baset, Mr. Md. Giasuddin Mithu and Mr. AM Shwakatul Huq Assistant Attorney-General on......hers…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgment September 20, 2004 Lawyers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Mannan & Ziaul Hassan, Advocates-...... ...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhory J Mir Hashmat Ali J Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgment September 20, 2004 Law..

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

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ......ivision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Bangladesh Jute Corporation……………..Appellant Vs. AB Jute Ltd…………………………......;…………………….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jute Mills Co. Ltd. Vs. Ray..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

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

....yers Involved: Kamal Hossain with Salauddin Ahmed, Ramzan Ali Sikder and MA Wadud, Advocates- For the Petitioner. AF Hassan Ariff with Bodruddoza, Advocates‑ For Respondent No.1. AJ Mohammad Ali, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General‑ For Re......lip;…(11-13) Case Referred to- HFDM De Silva Gunesekere Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2 BLC 179. Lawyers Involved: Kamal Hossain with Salauddin Ahmed, Ramzan Ali Sikder and MA Wadud, Advocates- For the Petitioner. A...... 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 ......ust be disposed of fairly and promptly and in accordance with law……………(11-13) Case Referred to- HFDM De Silva Gunesekere Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2 BLC 179. Lawyers Involved: Kamal Hossain..

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