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

....ees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......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.......t of Bangladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and oth­ers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman an......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and oth­ers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth­..

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

ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

....municate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ......evisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

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

.... of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......any 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 Brothers) Shahidul Islam (Md) and another vs Md Sayedur Rahman and others 47 DLR (AD) 70; Abul Ahsan, former President of the PCCI vs Administrator., PCCI a......s Case is also Reported in:56 DLR (AD) 166. ..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

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

....any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......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. ......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. ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents   Judgment May 25, 2004. ..

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

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

....1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......8, ETV Ltd vs. Dr Chowdlhury Mahmood 55 DLR (AD) 26: 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 ......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establish­ment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh..

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

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

.... This Case is also Reported in: 57 DLR (2005) 264.     ......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.     ......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.     ......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F..

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)

.... this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......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. ......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. Md. Mozibur Rahman Miah, Advocate‑ For the Respondent......7 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

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

....ions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......l Amin J          M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other..

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

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

....rt Division was not authorized in law to pass any relief while disposing of an application under article 102 of the Constitution. ………………..(9 & 10)  Cases Referred to-  Md. Amir Khan vs. Controller of Estate Duty PLD 1961 SC 119 = 13 DLR (SC) 105; Kumudini Welfare Trus...... 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: ......vince of East Pakistan PLD 1963 Dhaka 136 = 12 DLR (SC) 17, State of Orissa vs. Modan Gopal Rungta AIR 1952. Lawyers Involved:   Fida M Kamal, Additional Attorney-General, (Md. Ataur Rahman Khan, Deputy, Attorney‑ General with him), instructed by Mvi Md. Wahididlah, Advocateâ...... is also Reported in: ..

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

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. ......nce. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b..

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. ...... 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. ......ellate Division (Civil) 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&..

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. ...... 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. ......is also Reported in: 57 DLR (AD) (2005) 31. ..

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

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. ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......upreme Court  Appellate Division (Civil)  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 othe..

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. ...... Supreme Court  Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J  SM Jillur Rahman ..............Appellant Vs. Bangladesh and others .......................Resp......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 April 5, 2004. T..

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.                         ......p;                      Sheikh A. Awal Deputy Attorney-General with Saifuddin Md. Aminur Rahman, Assistant Attorney-General-For the State. Criminal Miscellaneous case No.2633 of 2004....... case No.2633 of 2004. Judgment Khademul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perused the application and heard the learned Advocate. 3. It is stated in the application that the accused petitioner ..

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

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

.... one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......es Referred to-  Chairman, Civil Aviation Authority of Bangladesh vs. Kazi Abdur Rouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59.  Lawyers Involved:  Prabir Halder, Advoc......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Alauddin Sikder (Md) and another……………Petitioners      &..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

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. ...... DLR (AD) 103; Ghulam Muhammad vs. State 19 DLR (SC) 439; MS Khawaja vs. State 17 DLR (SC) 153; Azhar Ali Khan and others vs. State 1985 BLD (AD) 75; Abdul Wadud Sikder vs. State 30 DLR 237; Maklesur Rahman vs. State 35 DLR 72 and Md. Mosharaf Hossain and others vs. State 1990 BLD I 10 = 42 DLR 213.......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor..

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

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. ......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. ......nion could be arrived at on fresh evaluation of the evidence………(14)  Cases Referred to-  Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd..

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

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. ......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. ......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, 2004. The Employme..

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. ......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. ...... March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the pe..

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