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M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ......n giving such opportu­nity has not been curtailed by the legislature in order to close the door of justice. …………………..(7) Cases Referred to- 57 DLR 164=25 BLD 171 Lawyers Involved: Rokanuddin Mahmud with Md. Waliur Reza Chaudhury-For the Petitioner. Raf......ari Case No.417/2003 and also came to know that previously a suit was instituted in the Ar­tha Rin Adalat for realisation of Tk. 11,33,946.60. The petitioner thereafter, filed an application under Order 21 Rules 58, 59, 60 and 62 of the Code of Civil Procedure on 11.7.2005 praying for releasing..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......operty as secular property, which, in fact was not the legal position…………………….(15) Case Referred to- Sukumar Bose and others Vs. Abani Kumar Haider and others 60 C.W.N.778. Lawyers Involved: A.S.M. Khalequzzaman, Advocate- on-Record for the Appellant (In Civil Appeal ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ......se its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order……………………(20) Lawyers Involved: Md. Zafor Ali Khan, Advocate-For the Appellant. None-For the Respondent. ......in the Act i.e. the Artho Rin Adalat Ain, 2003 enabling the Artho Rin Court to put the decree-holder into possession, the Court may exercise its such Jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its ..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......igRam and others, 48 DLR (AD) 154; Abdul Mazid Howlader and another Vs. Lahajuddin Howlader & ors., 48 DLR (AD)(1996) 160; Safaruddin and others Vs. Fazlul Huq and others, 5 BLT (AD) 201. Lawyers Involved: Md. Mazibar Rahman, with Gouranga Chandra Kar, Advocates-For the Petitioners......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......t-Petitioners Vs. Noresh Chandra Mondal and others……………………..Plaintiff Opposite parties Judgment December 4, 2005. Result: The Rule is discharged. Lawyers Involved: Zakir Hossain - For the petitioners. Momtazuddin Ahmed - For the Oppos......ioning a failure of justice in passing the impugned order. The Opposite Party Nos.4-16 being purchaser on the basis of registered kabala deeds are entitled to be added as party in the appeal under Order 22 Rule 10 of the Code of Civil Procedure. In view of the above I find no merit in the Rule. ..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......concerned an opportunity of being heard. Cases Referred to-  Coca-Cola Company Vs. Registrar of Trade Marks, 6 BLC 522; Nabisco Inc USA Vs. Registrar of Trade Marks, 2002 BLD 640. Lawyers Involved:  Md. Ohiullah, Advocate — For the Appellant. No one — F...... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Jail appeal stands dismissed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attor......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......lip;……………………………………..Respondent  Judgment October 23, 2005    Lawyers Involved:  Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ...... Vs. The State…………………………………………………………………….Respondent Judgment October 18, 2005. Result: The Appeal is allowed. Lawyers Involved: Syed Mizanur Rahman, Advocate-For the Appellants. Parvin Hannan, Assista......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. .......Respondents Judgment August 30, 2005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. ......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ......n Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR (SC) 276; Chajju Ram Vs. Neki and others, (1922) Lloyd's Rep XLIX IA 144; Abdul Karim Vs. Arch Bishop and another, 36 DLR (AD) 38. Lawyers Involved: Fazlul Karim with MA Harun, Advocate‑ For the Petitioner. Md. Joynul A......d. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without setting aside the judgment on review, there is no scope for co..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......es Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata Kristnayya and others vs Kalavagunta Venkatachalam and others, 32 Mad 185 (DB); 4 Bombay Law Reports 948 (DB); Janu Sait vs Ramaswami Naidu, AIR 1923 Madras 626; Somu Pillai vs The Municipa...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ...... 51 DLR (AD) 24; 54 DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of In­dia A.I.R. 1996 S.C. 11; Associ­ated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation. Lawyers Involved: Md. Ozair Faruque-For the Petitioner. M. Amirul Islam-For Respondent No......on No.4780 of 2005. Judgment Syed Muhammad Dastagir Husain J.-This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to issue Purchase Order in favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with In­ternati..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

ASM Anayetullah & others Vs. Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors, 2005, 34 CLC (HCD)

....sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ....... Abdul Wahhab Mia and others, 4 BLC (AD) 1; Abdul Motaleb and others Vs. Fazle Karim and others, 1997 MLR (AD) 192; Ali Ahmed and others Vs. Government of Bangladesh and others, 55 DLR (AD) 92. Lawyers Involved: Mahbubey Alam with Zulfiquar Ahmed, Advocates-­ For the Petitioners. ......sly as possible in accordance with law. With this observation, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 613.   ..

Category: Property Law | Date: 9 Aug, 2005 | Hits: 4

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....o-third members would be elected by the rate-payers and the rest one-third would be nominated by the Government. 24. In 1947, the dominion of Pakistan came into being and in 1959, during its first Martial Law period the name Union Board was again changed, this time as Union Council by the Basic D......R 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee Co., (1920) Ltd. (1924) I KB 171; (1923) All ER Rep 150. Lawyers Involved: Dr. Kamal Hossain with Tanjibul Alam, Ms. Amatul Karim and Ms. Sadeka Jahan, Ad....... 24. In 1947, the dominion of Pakistan came into being and in 1959, during its first Martial Law period the name Union Board was again changed, this time as Union Council by the Basic Democracies Order, 1959 (PO 18 of 1959). 25. After liberation of Bangladesh, the name of the Union Council wa..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)

....at extent.  13. In the background of the discussions made hereinabove we find merit in the appeals.  Accordingly, the appeals are allowed.  There is no order as to costs.  Ed. ...... Executive Engineer, Water Development Board and another...............Appellants Vs. Md. Moktaruddin and others...........................Respondents   Judgment August 2nd, 2005  Lawyers Involved:  Tafailur Rahman, Advocate, instructed by Sufia Ahmed, Advocate-on-Record&md......ufia Ahmed, Advocate-on-Record—For the Appellants.  Akram Hossain Amin, Advocate-on-Record—For the Respondents.   Civil Appeal Nos. 19-20 of 1996. (From the Judgment and Order dated December 13, 1995 passed by the High Court Division in First Appeal Nos. 347 and 348 of ..

Category: Property Law | Date: 2 Aug, 2005 | Hits: 84

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ......lip;………………………………Respondent-State Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossai......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... State, 42 DLR (AD) 186; Senu Mia Vs. State, 3 BLC 441; Angur Vs. State, 41 DLR 66; Abu Taker Vs. State, 1991 BLD (AD) 80; State Vs. Monu Mia, 54 DLR (AD) 60; Abul Hossain Vs. State, 46 DLR 77. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate — For the Appellant. Parvin H......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......oter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. Lawyers Involved: Md. Giashuddin Ahmed - For the petitioner. Md. Harun-or-Rashid, Advocat......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR (AD) 199; SP Sampad Vs. Union of India, AIR 1987 SC 385; JB Chopor Vs. Union of India, AIR 1987 page 357. Lawyers Involved: Abu Bakkar Siddique, Advocate‑ For the Petitioner SAM Mahbub Elahi, De......d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8