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Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
..... Anowara Begum and others………………………………Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective reali...... Council and others, 44 Indian Appeals 104; (Pannamma Velly Vs. Achu Thana Union, ILR 1966, 1 Kerala 689); Basanta Kumar Roy Vs. Secretary of State, LR 44 IA 104; Play Fair Vs. Musgrove, 153 ER, 465; Lawrence Vs. Tucker, (1938) 160 Ore 474: 85; Bush Vs. Smith, (1953) 6 PL 670; Thakur Singh Vs. Bhoge..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
.............................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the ap...... AIR 1992 (SC) 232; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR 65; Union of India Vs. Manager, W/s Joy and Associates, (2001) 3 SCC 277 = AIR 2001 (SC) 809. Lawyers Involved: TH Khan with Mahbubey Alam and Rezina Chowdhury, Advocates- For the Appellant..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
.... Ruhul Amin J.- The delay is condoned. This petition for leave to appeal has been filed against the judgment and order dated February 6, 2002 of a Division Bench of the High Court Division making the Rules absolute obtained in Writ Petition No. 3602 of 1999. The writ petition was filed impugning the......nd to that affected person whenever such affected person fulfils and satisfies the conditions and the criteria set forth by RAJUK entitling him to have allotment of lands as an affected claimant. Lawyers Involved: Shah Md. Khasruzzaman, Advocate, instructed by Md. Waliul Islam, Advocate‑on..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 (I of 1962), Sections 64 and 102 The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself......? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........(18) Lawyers involved: TH Khan, Senior Advocate, (Mokbul Ahmed, Advocate with him), instructed by Md..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....dead his heirs Mrs. Nazma Begum and others...........Petitioners
Vs.
Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a per......p; others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46.
Lawyers Involved:
Khan Saifur Rahman with Md. Shakir Hossain, Advocates‑ For the Petitioners...
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......llip;………..Petitioner Vs. The Chairman, Chittagong Port Authority and others…………..Respondent Judgment 18th July 2004 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshna..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....la Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. Result: The Rule is made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; ......nd another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers involved: Abdul Wadud Bhuiyan with Sarder Abul Hossain, Advocates- For the Petitioner. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......indings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal……………………(33) Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Ad..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....sp; Vs. State……..Respondent Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of crim......@ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 DLR (AD) 92. Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md Nawab Ali, Advoca..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....ccused appellant has been preferred against the judgment and order dated 26‑8‑2003 passed in Criminal Revision No. 657 of 2003 by a Division Bench of the High Court Division making the Rule absolute thereby transferring‑ Sessions Case No. 54 of 2003 arising out of Gazaria ......other court in a distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substance………(5) Lawyers Involved: Mainul Hosein, Senoir Advocate instructed by Md. Aftab Hossain..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....ivision) Forms irrespective of their possible rejection or return for failure on the part of the appellant to pay the deficit court fees demanded by the Court in accordance with rule 289 of the Civil Rules and Orders, Volume I, July 1981. Such registration of the memorandum of appeal is not tantamou......) Patna 281; Abdul Aziz Vs. Tofazzal Hossain and another, 50 DLR 487; District Primary Education 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, Advo..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ase in view of the due service of notice of such requisition and acquisition under the Emergency Requisition of Property Act inasmuch as the amendment as to the operative part of the order making the Rule absolute by adding the words present market rate for payment of full compensation money at the ......ellip;…(8) Cases Referred to: Bangladesh vs. Basaratullah 42 DLR (AD) 91; Abdul Gafur Khan and another vs. Government of Bangladesh and others 42 DLR (AD) 99. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals 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 Ban......lt: 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 Involved: Rafique-ul Huq with Anik R Hoque, Advocates- For the Petitioner. Rokanud..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... section 19 of Singapore International Arbitration Act, 1995, alternatively, the award can be registered in England as a judgment and then can be enforced through Courts in Bangladesh making the same Rule of the Court in a manner similar to the enforcement of the judgment in the English Court, that ......ley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 SC, 1362 (Union of India vs Kishorilal Gupta and Brother..
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)
....ashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the......affar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshe..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. ......e land and permanently fastened to anything attached to the earth and, in other words, compensation is to be assessed both for the movable and immovable properties……..(5) Lawyers Involved: A J Mohammad Ali, Additional Attorney‑General, instructed by B..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
.... Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellat......6: Batuk K Kyas vs. Surate Borough Municipality AIR 1533 Bombay 133; Manaj Kumar Roy vs. Government of Bangladesh and others 7 BLC (AD) 42: Hafazatur Rahman vs. Kazi Anwar Hossain 53 DLR (AD) 89. Lawyers involved: TH Khan, Senior Advocate, M Zahir, Senior Advocate and Subrata Chowdhury, Advo..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....itioners
Vs.
Additional District Judge and Bankruptcy Court, 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 or......e their own averments made in the plaint and the written statements and in the petition under section 28 of the Act for decision in the suit on taking evidence……. (10, 11 & 13)
Lawyers Involved:
Md. Fazlul Karim with Md. Mozibur Rahman, Advocates- For the Petitioners.
..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....il petition for leave to appeal is directed against the judgment and order dated 7‑8‑2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4619 of 1997 making the Rule absolute. 2. The facts, leading to this petition, are that the leave‑petitio......e passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice. Lawyers Involved: Md. Roushan Ali, Advocate, instructed by Md. Ataul Haque, Advocate..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)
.... the only course opened to the respondent was to file an application under section 46(2) of the Trade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the dee......llip;………………………………….Respondents Judgment May 5, 2004. Result: The appeal is allowed. Lawyers Involved: Md. Moazzam Hossain with Md. Hasmatullah Sheikh, Advocates‑ For the Appella..Category: Others | Date: 5 May, 2004 | Hits: 4
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