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Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... Act. ..............(10 & 11)  Cases referred to: Abu Bakkar vs. Nazir Ahmed 34 DLR (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved:  Abul ...... Supreme Court  Appellate Division (Civil) Present: Md. Fazlul Karim J MA Aziz J Mahadeb Chandra Mondal and other.........Appellants Vs. Dulal Chandra Mondal and other..............Respondents Judgment January ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......e Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

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

.... Court Division (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 20...... 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......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.   ...... No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ..

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)

.... 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 ......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. ......the Secretary, Ministry of Health and Family Welfare, Government of People’s Republic of Bangladesh and others.......Respondents Judgment December 14, 2004 Lawyers Involved: M. I. Faruqui with Md. Ruhul Quddus-For the Petitioners. Not represented-the Respondents. Writ Petition No. 1043 of 1..

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

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

....-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the pl......T (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

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.           ...... 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.           ......e 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)

....t of Chief Engineer and Ship Surveyor 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...... 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......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..

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)

....ourt Appellate Division (Civil) Present: Md. Ruhul Amin 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 anoth......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......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. ......e in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ..

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

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....fficient. At the time of hearing the learned Additional Attorney-­General produced Memo No. 4561 dated 30‑3‑2004 issued by the Deputy Director (Raj/Rangpur), Bureau of Anti Corruption Bangladesh, and submits with reference to the above memo dated 30‑3‑2004 that under Memo......ate Division (Criminal)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J  Atiquzzaman Khan (Md).........Appellant Vs. State……………………Respondent  ......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. ......a 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..

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

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....s not revalidated and duly stamped as required by the provisions of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument chargeable with duty and executed only out of (Bangladesh), and not being a bill of exchange, or promissory note, may be stamped within three month......sp; ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ......re will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

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

....iction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: ......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 ...... 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.   ......f 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

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

....s commenced by one party against other party in respect of any matter covered by such arbitration agreement………………….. (25) Cases Referred to- Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002 BLD 320; 55 DL......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...... 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.   ...... Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ..

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)

.....1. Hasan Faiz Siddique with Abdul Hye, Advocates­- For Respondent Nos.5 and 6. Writ Petition No. 4256 of 2004. Judgment Md. Joynul Abedin J.- This Rule Nisi under Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned letter Nos.2......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 ......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. ......h 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)

....victim, the three other being the members of the unlawful assembly are equally liable.  Cases Referred to-  Abdus Samad @ AKM Abdus Samad and others vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others 36 DLR (AD) 234. Cases Referred:  A K ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003......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. ......on we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

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. ......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. ......r as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..

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

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

....me Court High Court Division (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 Judgmen...... ......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. ......ers Involved: Dr. Kamal Hossain with Nizamul Huq, Ms. Sara Hossain, Abu Obaidur Rahman, MA Mannan & Ziaul Hassan, Advocates- For the Petitioners. Helaluddin Mollah, Deputy Attorney-General with Md. Abdul Baset and Md. Giasuddin Mithu, and AM Shwakatul Huq, Assistant Attorney-General-For the Re..

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

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

.... The High Court Division was not justified in sending the case on remand to the trial court on the plea of waiver......................(18) Cases Referred to- Messrs Binning & Company (Bangladesh) Ltd Vs. Messrs Nasirabad Properties Ltd, 40 DLR (AD) 89; Shamsul Huda (Md) being dead hi......ed in: 57 DLR (AD) (2005) 23.......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.......cordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...

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

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

....R (2005) 663.       ......ivision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Bangladesh Jute Corporation……………..Appellant Vs. AB Jute Ltd…………………………...... 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.       ......s. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ..

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

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

....gh 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 Judgment...... 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 ...... 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. ......wo) 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)

.... Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is allowed. Case Referred to- Nasrin Kader Siddique Vs. Bangladesh and others, 44 DLR (AD) 16. Lawyers Involved: Shafique Ahmed with Md. Aminul Is......ourt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004......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. 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

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....ion for sale of 1.26 acre of land of RS Plot No.460 appertaining to RS Khatian No.449 from the Waqf Administrator. The land was all through recorded as Waqf from RS record of rights in 1928 up to the Bangladesh settlement. In the Power of Attorney given by other relations appointing Khurshed Alam at...... Mahmudul Huq J Yusuf  Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others…………………&he......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ......Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1