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Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......tion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back th...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......to: Abu Bakkar vs. Nazir Ahmed 34 DLR (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved: Abul Kalam Mainuddin Advocate, instructed by Md. Nawab Ali, Advocat..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......titioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was no......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... Malcolm and another Vs. Emperor, AIR 1933 Calcutta 218; Zainul Abedin Vs. Emperor, AIR 1937 Peshawar 30; Kishirode Chandra Pal Vs. District Magistrate, Howrah and another, AIR 1956 Calcutta 96. Lawyers Involved: Abdul Baser Majumder with M Sayed Ahmed, Advocates‑ For the Petitioner. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content conforming with the quality and standard as specified in the Iodine Diseases Prevention Act, 1989; (b) ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......ners Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare, Government of People’s Republic of Bangladesh and others.......Respondents Judgment December 14, 2004 Lawyers Involved: M. I. Faruqui with Md. Ruhul Quddus-For the Petitioners. Not represented-the Res..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......rest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......sult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......ed to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 255; GM Towab, Air Vice-Marshal (Retd.) Vs. State, 34 DLR 390. Lawyers Involved: Md. Abu Bakar Siddique, Advocate‑ For the Petitioner. AQ Md. Shafiulla..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ecord- For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Ahsanullah Patwary, Advocate-On-Record- For Respondent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for l......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Abu Sams Md. Khalequzzaman, Advocate-On-Record- For the Petitioner. Mahmud..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the Petitioner. Dr. M. Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-On-Record- for Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Jud......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......……......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Adv..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party Nos. 1 to 11 lat......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna Dhara Chowdhury and another, 47 DLR (HC) 307. Lawyers Involved: Syed Humayun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......or the Petitioner. Abdur Rab Chaudhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on- record- For Respondent No.5. Not represented-For Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leav......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......fiquer........................Petitioner Vs. Ministry of Shipping and others……….....Respondents Judgment December 4, 2004. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaq, Senior Advocate, Mohammad Hossain, Advocate with him instruct..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......
December 4, 2004.
Result:
The leave petition is dismissed.
Lawyers Involved:
B. Hossain, Advocate-on-Record- For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1481 of 2002.
Judgment
Amirul Kabir Chowdhury J.- Secretary, Ministr......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......iat Building, Dhaka............ Petitioner
Vs.
Mrs. Momtaz Begum and another .....................Respondents
Judgment
December 4, 2004.
Result:
The leave petition is dismissed.
Lawyers Involved:
B. Hossain, Advocate-on-Record- For the Petitioner.
Not represented- the R..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......lip;……Respondent Judgment December 4, 2004 The Criminal Amendment Act, 1958(XV of 1958), Section 4 Application for according sanction to prosecute the applicant admitted to have been sent in proper channel but......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ing sanction is curable under section 537 of the Code of Criminal Procedure’……………………………(11) Lawyers Involved: Anisul Huq, Advocate, instructed by Md. Nawab Ali, Advocate‑on&..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....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. ...... Miscellaneous Case No.1 of 2004. Judgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectivel......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. ...... 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: Md. Moksadul Islam, Advocate-For the Defendant-Petitioner. SK Siddique,..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)
.... 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. ......7(2) and (3) of President's Order 16 of 1972 and also under sections 4 and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.)...... 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. ......tion of title of the said house property. Cases Referred to- Zahir Miah (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Public Works, 9 MLR 76 = 9 BLC 195. Lawyers Involved: Abul Kalam Chowdhury, Advocate‑ For the Petitioner. Zaman Akhter Bulbu..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... 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. ......uit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, agreement to refer their disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore,...... 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. ......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 w..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....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.
...... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5......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.
......ীন ও উহার তফসিলে বর্ণিত অপরাধসমূহের বিচার ও আপীল নিস্পত্তির ক্ষেত্রে The Criminal Law Amendment Act, 1958 (XL of 1958) এর section 6 এর sub-section (5) এবং sub-section (..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....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. ......firming the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the Penal Code and sentencing each on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment ......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. ......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
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....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. ......s……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not......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. ........(19) Cases Referred to- Md. Shajahan Vs. Md. Sadeq, 38 DLR (AD) 275; Syed A Jalil Vs. Mahbub Alam, 46 DLR (AD) 96; Muzaffar Hossain Vs. Md. Humayun Kabir, 48 DLR (AD) 59. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....dgment and order of conviction and obtained the present Rule. 3. Mr. S.M. Rezaul Karim, the learned advocate appearing on behalf of the petitioner submits that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur...... by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirjatan Case No.38 of 2001 convicting the petitioner under Section 79(1) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk.1000 in default to suffer 6 months rigorous imprisonment under sec......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. ......…………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: The Rule is made absolute. Lawyers Involved: S. M. Rezaul Karim - For the Petitioner. Shamim-Ara Dora, Assistant Att..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
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. ......tration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a contract with the Corporation on 16‑6‑94 for purchase of 15,220 bales of BWH jute. It received 3,100 bales of said jute. On 20‑9‑94 the c...... 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. ......Rajuk Vs. MN Alam and Associates, FA No.282 of 2003; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, 1992 SCMR 65; Union of India Vs. Manager, Jain and Associate, 3 SCC 277. Lawyers Involved: TH Khan with Fazlul Karim, Md. Mohiuddin Ahmed and Rezina Choudhury, Advocat..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... 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.
......ocessing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The pro...... 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.
......w……………(11-13)
Case Referred to-
HFDM De Silva Gunesekere Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2 BLC 179.
Lawyers Involved:
Kamal Hossain with Salauddin Ahmed, Ramzan Ali Sikder and MA Wadud, Advocates..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
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