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

....any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......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. ......ed Vs. Bangladesh, 1983 BCR (AD) 152; Begum Khadija Akter Banu and another Vs. AKM Amanullah and another, 1985 BCR (AD) 8; Associated Engineers Co. Vs. Government of Andhra Pradesh, 4 SCC 93; Hashmat Ali Jamader Vs. Asmat Ali Jamader, 6 DLR 478; R. Sim & Co. Vs. Pakistand Industries Ltd., 8 DLR ......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..

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

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

....ngly, 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. ......nali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali advocate‑on‑Record‑For the Appellants. Abdus Salam Khan, Senior Advoca...... 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 ..

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

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

....al 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. ...... Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Senior Advocate, Abdur Razzaque, Senior Advocate with him, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Appellant. Mahmudul Islam, Senior Advocate, instructed by S......1. ..

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

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

....rom the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because of revocation of the power of attorney the defendant (Md. Nurul Huq) instituted Title Suit No. 82 of 1982 for declaring him to be the still lawful and val......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. ......r Advocate, (MI Farooqui, Advocate with him), instructed by Mr. MG Bhuiyan, Advocate‑on‑Record‑For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents.  Civil Appeal No. 150 of ......p; Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment ..

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

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

....rdingly, 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. ......s‑General, instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For the Appellants. ldris Khan, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate‑on­-Record-For Respondent No. 1. Abdul Malek, Senior Advocate, ins......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..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....ccordingly, 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. ...... 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. ......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..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

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

....;                        Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.26...... This Case is also Reported in: 57 DLR (2005) 244.                         ...... 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..

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

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

....d of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. 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. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Bangladesh ……………….Appellants Vs. Md. Amjad Ali Mridha arid others ……….Respondents Judgment March 30, 2004. The Code of Crimin......lowed. Ed. ..

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

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....cation for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....ject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ...... Supreme Court  Appellate Division (Criminal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ............................... (Criminal)  Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J  Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent   Judgment..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....eal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......l on merit. There is no order as to costs. Ed....... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment ..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....l is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......he worker unless such intention is clearly spell out or manifested in the statute………………….(8 & 11)  Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Appellant. Md. Wahidullah. Advocate‑......il) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Road Trans­port Corporation .......................Appellant Vs. Md Esken Mollick and another.... Respondents   Judgment March 16..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....Ordinance.  Accordingly, the petition is dismissed.  Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ...... made by the state to fulfill the same.  Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record–For the petitioner. A J Mohammod Ali, Additional Attorney General instructed by Sufia Khatun, Advocate-on-Record –For the res......  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh………………………&hellip..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

....orous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......t Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the convict..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....ase record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. These matters are disposed of by this judgment. 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence took place on 24‑5‑97 at about 1.00/1.30 PM ......4) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....e. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......Vs. State, 49 DLR 66; State Vs. Masudur Rahman alias Masud alias Tapan alias Rana, 1984 BLD 228; Sarwan Singh Ratan Singh Vs. State of Punjab, AIR 1957 SC 637; Cyril Waugh Vs. King, 9 DLR (PC) 353; A Alim Vs. State, 45 DLR 43; State of Maharashtra Vs. Krishnamurti Laxmipati Naidu, AIR 1981 SC 617=19......e Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ch, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......mmissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence.  Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Md. Nurul Amin, Advocate instru......d. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... Lawyers Involved: Nikhilesh Dutta, Deputy Attorney-General, with Mohammed Abdul Baset, Assistant Attorney-General and Fara Mahmuda, Assistant Attorney-General- For the State-Appellant. Md. Khalilur Rahman‑ For the Condemned Prisoner. Death Reference No.11 of 2001 with Jail Appe...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ......sent: SK Sinha J MM Rahman Bhuiyan J State…………………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgme..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 302; Fokaruddin Mia and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR ......ted in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6