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Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....   (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge an......   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge and Additional Artha Rin Adalat & others...Respondents ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....office is made undesirable from the administrative point of view.   Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260.   ......min J   KM Hasan J   Md. Fazlul Haque J    Abdur Rashid (Md) ...............Petitioner   Vs.   Local Government Rural Development and Co­operatives, Local......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ......   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....lul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value A......ellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......min J   Syed JR Mudassir Husain J   AS Ahammed J    Alfazuddin Ahmed ........Appellant   Vs.   Abdur Rahman and others.................Respondents ......emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......; Present:   Md. Ruhul Amin J   Syed JR Mudassir Husain J   AS Ahammed J    Alfazuddin Ahmed ........Appellant   Vs.   Abdur Rahman..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....  (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants ......san J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   Md. Afzal Hossain Ansari ..................................Respondent ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Securities and Exchange Commission…………….Appellant Vs. Abu Tyeb and 10 ors. .......     Respondents Judgment ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......n these appeals are simply being harassed as there is no allegations against them in the complaint and prays that this court should disallow the appeal. 20. It appears that his clients, Mr. Ahmed Iqbal Hasan and MF Md Nurun Nabi, the respondents in Criminal Appeal Nos. 16 and 17 of 2000, ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....ip;……..Respondents   Judgment   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in foreign country eit......l Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Humayun M Vohra .........Petitioner   Vs.   ESPN Star Sports and others…………&hel......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......sion  (Civil)  Present:  Md. Ruhul Amin J  KM Hasan J  Md. Fazlul Haque J  Tarak Chandra Majhi ........................Appellant  Vs.   Atahar Ali Howlader and others...........Respondents  Judgment Novemb...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241.  Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Harunur Rashid, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

.... Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respondents   Judgment ...... Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respo......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......ate, (Zahedul Bari, Advocate with him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondents(In Civil Appeal No. 98 of 2000).   Khandkar Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) instructed by Md. Aftab Hossain, Advocate‑..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....s...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102   Natural justice  It is now well settled ...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......arlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......urt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

.... Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent  Judgment August 29, 2002. The Constitution of Bangladesh, 1972 Articles 104 & 105   The Code of Civil Procedure, 1908 (V o......Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J  Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... of 2002)  Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For the Petitioners (In Civil Review Petition No. 78 of 2002)  Syed Ishtiaq Ahmed, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioners..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... denying the material allegations con­tained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was ve...... (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anoth­er.........Appellants Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......r Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Syed Ishitaque Ahmed, Senior Advocate and Mahmudul Islam, Senior Advocate (Probir Neogi), Advocate, with him) inst..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement August......llate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ...... of the Arbitration Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari Lai AIR 1952(SC) 47. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Rokanuddin Mahmud, Senior Advocate (with him), instructed by ASM Khalequzzam..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....l Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August ...... Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment ......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......enior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. ..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

.... conveniently dealt with in writ jurisdiction……………………….(7)  Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD)...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J  Antibiotic Stores & others    .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………&hellip......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment  August 7, 2002. Result: The petition is dismissed. The Constitution of Bangladesh, 1972 Article 102  By way of mandamus enforcement of any legal right or to redres......vision  (Civil)  Present:  Mainur Reza Chowdhury CJ  Md. Fazlul Karim J  KM Hasan J  Md. Fazlul Haque J   Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Responde...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......t Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. M Rahman Bhuiyan J Sirajul Islam (Md.) and others………………………………….Appellants Vs. State………………………………………………………………………….Res......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... more speedy trial and effective punishment of certain grave offences and for matters connected therewith." In the case of Kamruzzaman Vs. State reported in 1990 BLD (AD) 190 at page 193 Shahabuddin Ahmed, CJ observes that "The (Special Powers] Act provides that provisions of the Code [CrPC] shall..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....slam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two shall be pers......scellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents&nbs......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2