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....ged so as to adversely alter the conditions under which the establishment of such undertaking was sanctioned.
Article 31 of the constitution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordan...... 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.
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Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Thakur Kishan ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....nvicted and sentenced to different periods and asked to pay Taka 35,00,000 with interest at the rate of 10% within six months. As the convicted persons failed to deposit the fine with interest within time the Deputy Commissioner asked for realisation of fine by attachment of the moveable and immovab......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. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....of the waqf vides EC No.2323 could not be shown to have included said land. 22. Reason was not far away to find. Admittedly, the land is still low lying and covered by water and hyacinth. At the time of making waqf about 75 years ago, the position of the land could easily be understood. It was ......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. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....he Criminal Law Amendment Act, 1958 to even suggest that previous sanction is necessary before a Court takes cognisance of the offence in case of a person who has ceased to be a public servant at the time the Court took cognisance although he had been such a person at the time the offence was commit......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ইফাঃ প্রশাঃ/তদন্ত-২০(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 (Annexure-R). 3. Being aggrieved, the petitioner obtained the present Rule. At the time of issuance of the Rule the operation of the impugned order was stayed for a period of 4(Four) ......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....lso along with defendant Nos.2 and 3 executed bank guarantees.
4. On the prayer of defendant No.1, the plaintiff bank sanctioned overdraft facilities against CD account No.4106, which was at the time converted into as SOD account No.01038098 and said defendant company enjoyed overdraft faciliti......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....telephone that he is not getting the loan case in the office of the House Building Finance Corporation. At this appellant became anxious as the information given to him was not believable. In the meantime father of the plaintiffs went away in service to Saudi Arabia. Before his departure he did not ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....se of acquiring title by adverse possession, the possessor has to remain in an uninterrupted possession for the full period of 12 years. If the adverse dispossession discontinued, for however short a time before he completes his title, his previous possession, loses its value………......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....under section 14 (2) of the Arbitration Act for making the award Rule of Court and the application was registered as Title Suit No.1 of 1999. 4. On 3‑2‑99 the RAJUK appeared and after taking time, ultimately on 8‑3‑2000 filed an objection to the award. By order dated 7‑5‑2000 the ob......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....oner of Criminal Miscellaneous Case No. 426 of 2004, submits that the allegations made in the first information report are vague and indefinite. There is no allegation that on any particular date and time in any manner the accused husband, petitioner Ishak caused hurt to the informant wife for dowry...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....g cases: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued,......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....aka 16,00,000 to the accused-petitioner in pursuance of the agreement Ext 1 and on failure to implement the terms of agreement Taka 2,00,000 compensation was to be paid by the accused and at the same time the complainant has also the liability to pay another Taka 2,00,000 to the accused. The amount ......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
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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)
....f as a respondent in the rule and filed an application with an information to the Court that the Bank guaranteed furnished by the writ-petitioner purported to have been issued by the said Bank at the time of getting the vessel released from the Port were not genuine. No such bank guarantee was issue....... Khondkar Mahbubuddin Ahmed, the learned Counsel appearing for the petitioners submitted that the High Court Division failed to appreciate that section 14 of the Ordinance expressly provides for the scale of charges including charges for the storing and keeping of any goods stored, in any premises ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... 76 decimals of land of said plot No.274 to Juthisthir Das Poddar and Arjun Das Podder and delivered possession. Both Juthisthir Das Poddar and Arjun jointly lived with brother Bhim Das Poddar at the time. Said brothers acquired the land with the income of the joint family. Bhim Das Poddar died leav......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....8209;1960. The further case of the plaintiff was that Abu Siddique Mazumder was friendly with the plaintiff from before and since the plaintiff could not come to Rangpur from India at the relevant time for the purpose and since he had none to look after his properties the plaintiff appointed Abu......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. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....tion through the evidence of PW 1 has established the fact of demand of dowry by the condemned prisoner, that the case of alibi i.e. absence of the condemned prisoner from the house at the relevant time, was not established by the reliable evidence, that petitioner's contention that as prosecuti...... 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. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....memo of appeal is appealable. He cited Suraj Pal Pandey and others Vs. Uttim Pandey and others, AIR 1922 Patna 281. 11. He further submitted that the appellate Court had no jurisdiction to allow time for filing deficit court fees exceeding 21 days in view of the proviso to rule 11 of Order VII ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....the case, though notice under section 5 of the Act was issued and served as back in 1978‑79 but the formalities as required for decision of the Government was not properly complied with within, time and no notification under section 5(7) of the Act having been published so far within reasonabl......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. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....pre-emption under Section 24 of the Non-Agricultural Tenancy Act, 1949. 20. The Appellate Division by majority decision restored the judgment of the trial Court holding that although at one point of time the pre-emptors were the co-sharers of the Khatian No.14 by purchasing land of plot Nos.107 and......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...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
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