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Mukul Vs. State, 2004, 33 CLC (AD)

.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ......;         Md. Ruhul Amin J.- This petition has been filed seeking review of the judgment and order dated April 10, 2004 dismissing the criminal petition for leave to appeal. 2. The criminal petition for leave to appeal was filed against the judgment..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......004. (From the judgment and order dated 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Judgment Md. Fazlul Karim J. - The defendant No. 1 petitioner seeks leave to appeal against the judgment and decree dated 12‑4‑2004 passed by the High Court Divisi..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ......p;                        Amirul Kabir Chowdhury J.- This appeal by leave at the instance of the accused appellant has been preferred against the judgment and order da..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80

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

....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. ......nbsp;                           Md. Fazlul Karim J: This appeal by leave is to consider the points raised in the leave petition as under:  "Mr M..

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

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

....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.......-86 of 1998 (From the Judgment and Order dated 30, 1997 passed by the High Court Division in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234 of 1997) Judgment Md. Ruhul Amin J.- These appeals, by leave, are against the order dated June 30, 1997 of a Division Bench of the High Court Division pass..

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

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

.... the High Court Division as well as the trial Court were in error in holding that the award, if any, passed in the arbitration proceeding initiated in Singapore would not be enforceable in Bangladesh specially when the provisions of sections 45 to 47 of the Act provide for enforcement of the award m......f 2002. (From the Judgment and Order dated May 19, 2002 passed by the High Court Division in First Miscellaneous Appeal No. 259 of 2001).  Judgment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment and order dated May 19, 2002 of a Single Bench o..

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)

....s cannot be equated." In the case of Gazi M Towfic Vs. Agrani Bank and others as cited by Mr. Morshed Khan reported in 54 DLR (AD) 6 it has been observed that "The law is now settled that since special provision for appeal has been made against the judgment and decree passed by the Artha Rin A...... 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. ..

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

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

....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. ......No. 476 of 1991).  Judgment                     Md. Ruhul Amin J.- The appeal, by leave, is against the judgment and order dated August 14, 1994 of a Division Bench of the High Cour..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

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

....effect and, as such, it was not applicable to the appellants and the respondents who were appointed earlier in 1983 and 1984 and the learned Administrative Appellate Tribunal failed to appreciate the special facts and circumstances in which the respondents were offered appointments in 1984 long afte......l No. 826 of 1998. (From the judgment and order dated 27 July 1998 passed by the Administrative Appellate Tribunal In Appeal No. 77 of 1997). Judgment Md. Fazlul Karim J.- This appeal by leave granting in Civil Review Petition No.1 of 2001 is from the judgment and order dated 21‑8‑2..

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

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

....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.     ......cumstances connecting Md. Delwar Hossain Faraji in commission of crime. 16. The chain of circumstantial evidence coupled with the medical evidence and abscondence is so complete that it does not leave any reasonable doubt for a conclusion consistent with the innocence of the husband Md. Delwar ..

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)

.... Chittagong and another……………Respondents Judgment May 10, 2004. Result: The Rule is discharged. The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy. Section 28 empowe......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

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......n in Civil Revision No. 4619 of 1997). Judgment                Syed JR Mudassir Husain CJ.- This civil petition for leave to appeal is directed against the judgment and order dated 7‑8‑2002 passed by a Si..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ..

Category: Others | Date: 5 May, 2004 | Hits: 4

Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ......Civil Revision No. 3244 of 1995). Judgment                   Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated December 9, 1996 of a Division Bench of the High Cou..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

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

....ed to the case of Ahmed Hossain and others Vs. Basharat Ali and others reported in 32 DLR (AD) 54 wherein it has been observed "A citizen's right to deal with his property freely, in view of the special statutory provision, bears a clog, that is, subject to right of pre-emption. The statutory p......-Record- For Respondent No. 1-3 (In both the appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the..

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

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

.... 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: ...... by Md. Amir Hossain Chowdhury Advocate‑on‑ Record‑ For the Respondents. Civil Petition for Leave to Appeal No. 417 of 2004. Judgment Mohammad Fazlul Karim J .- This petition for leave to appeal at the instance of Bangladesh Bank is directed against the order dated I 7th March, ..

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

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

.... 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. ......e, instruct­ed by Md. Nawab Ali, Advocate-on-record-For the Petitioner Nurul Amin, Advocate, instruct­ed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed by t..

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

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

.... 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. ......997). Judgment                        Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 27, 2000 of the Administrative Appellate Tribun..

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

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

.... 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. ...... Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High ..

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

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

....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. ......  Judgment                       Amirul Kabir Chowdhury J.- This appeal by leave has been preferred by defendant Md Nurul Huq against the judgment and decree dated 25‑6&..

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