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Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

.... 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.       ......f them by this judgment. 2. The Bangladesh Jute Corporation, in brief, the Corporation on 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte ..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

.... 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. ......or 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)

....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.       ......tes- For the Respondents. First Appeal No.107 of 1997. Judgment Md. Abdur Rashid J.- Defendant No.12 presented the appeal against the decree dated 27‑2‑97 passed by the Subordinate Judge, Court No.1 at Rangpur in Other Class Suit No.5 of 1995, which decreed the suit. 2. Respo..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....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. ......Then, on 16‑1‑85 said Anisuddin Ahmed had sworn an affidavit before a Notary Public Mr. Zahirul Hoque Khan, which was duly notarized. 6. Anisuddin Ahmed was then on 21‑10‑85 convicted by Special Martial Law Court No.7 under sections 406/420 of the Penal Code in Dhanmondi PS Case No.12(8...... represented- The Respondents. First Appeal No.493 of 2000. Judgment Md. Abdur Rashid J.- Plaintiff presented the appeal against the decree dated 9‑7‑2000 passed by the Subordinate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1â..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....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.   ......ed to represent the waqf estate. Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Similarly, he is entitl..

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)

....p; Division upon making the Rule absolute quashed the proceedings of Special Case No.12 of 1985 (arising out of Motijheel PS Case No. 51 dated 12‑8‑1984  which was pending before the Divisional Special Judge, Dhaka.  2. Respondent No.1 was the Manager of the Rupali Bank,......egistered upon a petition filed under section 561 A of the Code of Criminal Procedure. By the aforesaid judgment the High Court  Division upon making the Rule absolute quashed the proceedings of Special Case No.12 of 1985 (arising out of Motijheel PS Case No. 51 dated 12‑8‑1984 ......king the Rule absolute quashed the proceedings of Special Case No.12 of 1985 (arising out of Motijheel PS Case No. 51 dated 12‑8‑1984  which was pending before the Divisional Special Judge, Dhaka.  2. Respondent No.1 was the Manager of the Rupali Bank, Branch at Fakirapo..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....¨à§¦(৬)৩৪৯/২০০২/২১১ dated 24‑7‑2003 issued by the respondent No.4 (Annexure-R) compulsorily retiring the petitioner from the post of Director, Islamic Foundation Bangladesh. Divisional Office, Khulna, should not be declared to have been made without lawful authority and is ......;                          ......nbsp;                                 ..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....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. ......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. ......claration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and 'Ga’ were mortgaged to the bank. The suit was then transferred to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990. 3. The plain..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

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. ......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. ...... 3) Md. Moula @ Malu 4) Md Hasan 5) Md Jahangir @ Janu 6) Monsu @ Monzur Ali 7) Md. Shahin 8) Md. Alam 9) Meshbah and 10) Md Javed. The charge‑sheet being accepted the case was sent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly ag..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....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. ......l No.172 of 1999. Judgment Md. Arayesuddin J. - This appeal at the instance of the defendant has been preferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and regi..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

.... decimal of land from the list of enemy property on 28‑1‑1978 after proper hearing. Against that order of release the present defendant No.1 preferred an Appeal being No.14 of 1978 to the learned Divisional Commissioner, Rajshahi and upon full hearing the learned Divisional Commissioner, Rajshah...... Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and others, 27 Indian Appeals 136; Secretary of State Vs. Debendra Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai and others Vs. Special Manager, Court of Wards; Balrampur Estate and others 1935, (Privy Council) 53; Musa Ali Vs. ......e was issued calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 27‑7­-1993 decree signed on 31‑5‑1993 passed by the learned Additional District Judge, Thakurgaon in Title Appeal No.19 of 1992 reversing the judgment and decree dated 28‑5‑199..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)

....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.   ......2002. Judgment Md. Abdur Rashid J.- The Chairman, Rajdhani Unnayan Kartripakkha (in short, RAJUK) presented the appeal against the ex parte decree dated 15‑5‑02 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1999, which made the award dated 19‑9‑98 Rule o..

Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8

Rajdhani Unnayan Karti­pakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)

....UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..

Category: Property Law | Date: 21 Jul, 2004 | Hits: 133

Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

....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. ......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. ......ion regarding title by adverse possession or per se such claim for opposing eviction by the Deputy Commissioner under section 64(1) and failing thereto is to obtain decision from the learned District Judge under section 64(2) on appeal." 6. Mr. TH Khan, the learned Counsel appearing for the ap..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160

Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....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. ......nt Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka in Criminal Appeal No.179 of 2000 affirming the judgment and order of convic..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

....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.       ......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.       ......dur Rashid J. - Plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 10‑8‑03 passed by the District Judge at Narayanganj in Title Appeal No.09 of 03 reversing those dated 1‑12‑2003 passed by the J..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....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. ......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. ......appeal.  2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possessio..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Mukul Vs. State, 2004, 33 CLC (AD)

.... 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. ...... 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. ......riminal Appeal No. 2839 of 2000 and Jail Appeal No. 2884 of 2000). The High Court Division upon dismissing the appeals accepted the reference.  3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, ..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ppeal against the judgment and decree dated 12‑4‑2004 passed by the High Court Division in Appeal from Original Decree No; 96 of 2002 affirming those dated 26‑11‑2001 of the Joint District Judge and Commercial Court No. 1, Dhaka in Title Suit No. 197 of 2001 decreeing the suit. 2. Th..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)

.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed.  Ed. ......erring‑ Sessions Case No. 54 of 2003 arising ­out of Gazaria PS Case No. 10 (8) 1996 dated 15‑8­1996 under sections 364/302/201/109 of the Penal Code from the Court of Sessions Judge, Munshiganj to the Court of Sessions Judge Dhaka.   2. The respondent ..

Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80