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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; ......November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162. Lawyers Involved: M......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. ..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. ...... 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. ..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......hellip;…….. (25) Cases Referred to- Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002 BLD 320; 55 DLR (AD) 23. Lawyers Involved: Abdullah-al-Mamun, Advocate‑ For the Petitioner Md. Khalilur Rahman with Rubaiyat Hossain, Ad...... 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. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
.....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
......ers Involved:
Md. Mahbubur Rahman with Abu Taher, Advocates- For the Petitioner
Zaman Akhter Bulbul, Assistant Attorney-General- For Respondent No.1.
Hasan Faiz Siddique with Abdul Hye, Advocates- For Respondent Nos.5 and 6.
Writ Petition No. 4256 of 2004.
Jud......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.
..
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......h dao, fikol, kocha sola, lathi and other weapons. On hearing the hue and cry, Fatik Mia, brother of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the ha......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. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
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...... ......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 Respon......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)
.... 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.......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)
....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. ...... 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
....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
......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)
....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. ...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2...... in possession of the suit land and he hailed from Keraniganj, Dhaka. He used to possess the suit land through tenants. He died leaving behind defendant Nos.1 to 11 as his only legal representatives. Abdul Motaleb, father of the plaintiffs, took lease of suit shops at a monthly rental of Taka 125. H......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)
.... 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 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)
....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. ......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
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....(Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: ......gh Court Division (Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....hment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to: Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs. Amjad Ali Mridha and others, 56 DLR (AD) 119. Lawyers Involved: A...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents ......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)
....(Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: ......gh Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August ......nbsp; ......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....d to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990.
3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act, 1913 and was engaged in banking business. Defendant No.1 was also a regist......ision
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
SAB Mahmudul Huq J
Bank of Credit and Commerce International (Overseas) Ltd............Appellant
Vs.
Bangthai Electrical Industries Ltd. and others............................Respondents
...... accounts statements of LIM A/c No.477/82 and SOD A/c No.01038098 are hand written. The statements bear only a small round seal of the bank. None is signed. Only witness examined by the bank as P.W.1 Abdul Khaleque was an officer of the bank who joined the bank in 1984. He said that he had no knowle......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
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....under section 19 of the said Act. Cases Referred to- EPIDC vs Md Sirajul Huq 22 DLR (SC) 284; Khulna Newsprint Mills Ltd Vs Khulna Newsprint Employees Union 25 DLR (SC) 85 and Bangladesh Tea Estate Ltd vs. Bangladesh Tea Estate, Staff Association 28 DLR (AD) 190. ...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......ision (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State…………….................Petitioner Vs. Md. Amir Hamza…..........Respondent Judgment July 31, 2004. Result: ......erred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General (Khondaker Mahbubuddin Ahmed, Senior Advocate and Abdul Malek, Senior Advocate with him), instructed by Mvi Md. Wahidullah, Advocate‑on‑Record‑F......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....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. ...... Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………&he...... is not equal possession…………..(29) Cases Referred to- Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 44 DLR (AD) 147; Abdus Sattar Vs. Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and others, 27 Indian Appeals......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)
....e parties to decide only those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 DLR (AD) 139; BADC Vs. Quality Associated Limited, 46 DLR (AD) 97...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment J......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
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