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Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....alls 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. ......nts called for in evidence without examining competent officers/persons, the application was liable to be thrown out. 6. He emphatically submits that these things ought to have been done at the time of examination of the presiding/assistant presiding officer/polling officers and thereafter he ......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. ......spondent election petitioner in paragraph 7 stated, inter alia, that “in different centres including 26 Burudia High School Centre by his men under his command and entered into the booth (sic) with arms at 10‑00 AM and threatened the agents of the petitioner with dire consequence and ousted all ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
.... High Court Division (Criminal) Present: Syed Muhammad Dastagir Hussain J Mamnoon Rahman J Firoz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: ......der section 7(9)(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 on 1.7.2002. The petitioner was all along absconded and was arrested on 14.9.2002 by the Mokshedpur Thana Police and for the first time came to known about the proceeding and conviction. The trial held in absentia. The petitioner ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
..... Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......proper to direct the respondents not to go for further remand of the accused in connection with the said GR Case No. 444 of 2004 arising out of Dhanmondi PS Case No. 61(8)04 dated 29-8-04 at the same time, having seen the accused in person before us, the respondents are directed to take all possible......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. ......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. ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....umstances 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.......ut serving any notice upon the re-emptor who is a co-sharer by purchase of the case land. The pre-emptees are strangers to the land. The pre‑emptor came to know of the said transfer for the first time on 10‑9‑1982 and after obtaining the certified copy of the kabala under pre‑emption on 17......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.......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...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......ver, are exhaustively enumerated. But the judgment of the Court making the award Rule of the Court must show such satisfaction. 38. When the Court is satisfied on such requirements and after the time for objection to an award passed and/or the objection, if any filed, is rejected, it shall proc...... 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. ...... 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. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......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.
...... 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.
..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ...... 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. ......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)
....gal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......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. ......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)
.... Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others………………………&hell......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. ......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)
.... the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......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. ......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)
................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: The Rule is made absolute. Service Regulations of the Islamic Foundation Regulations 43, 44, 45 The enquiry committee conducted it......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; ......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....es are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......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......owed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the cou......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.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....l stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......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. ......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)
....p;………Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto c......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………......whether her vendor Upendra Nath Barman executed the decree which he obtained in his Partition Suit. The title of the plaintiff in the suit land is mere paper title and that she inserted her claim for recovery of possession on 29‑9‑1984 by way of amendment of the plaint. It could not be said that......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)
....02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......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. ......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)
....6. ......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. ...... 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)
....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. ......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,...... and that father of the defendant No. 1 instituted Other Suit No.929 of 1931 against the said Yakub Seth and plaintiffs grandmother for declaration that the property in suit was waqf property and for recovery of khas possession by evicting Yakub Seth and others. The suit was decreed on contest on 22......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
....any amount of money to any other persons out of his account is returned by the bank unpaid, either for insufficiency of amount to honour the cheque or it exceeds the amount arranged to be paid from that account by an arrangement made with the bank, such person shall be deemed to have committed an of......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.
......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.
..
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 factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......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......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. ......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. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....l 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. Mahbubey Alam with Md. Mozammel Hossain, Advocates ‑For the Opposi...... 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...... trial Court decreed the suit declaring title of the plaintiff in the suit land and directed her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21......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
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