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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. ......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. ....... Ruhul Quddus-For the Petitioners. Not represented-the Respondents. Writ Petition No. 1043 of 1999. Judgement Shah Abu Nayeem Mominur Rahman J.-This Rule was issued upon the respondent Nos. 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure...... concerned with the sale of edible salt without or inadequate iodine contents, which affects the ordinary people of this country causing Cretinism and Goitre, two deadly diseases, in violation of the laws of the country, the petitioners moved this application and obtained the Rule. 6. It has been s..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)
....; made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the......ion in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and finally published. On the death of Saku Sarder his interest devolved upon h......order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and fi......the respective parties made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illega..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. ...... In this respect, the learned Advocate appearing on behalf of the City Bank submits that the Government invested 49% of the total capital of the City Bank and the officer serving in the said Bank may accordingly be treated as a public servant in view of clause 12(b) of section 21 of the Penal Code a......te & another............................................Opposite Parties Judgment December 12, 2004. Result: 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 a...... in the service of the City Bank. Admittedly, he was dismissed from Bank service on 24‑7‑91 and he was not a public servant at the time when cognisance was taken in this case. It has been settled law in our jurisdiction that if the accused has ceased to be a public servant at the time when the c..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 ......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 ...... 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 leave has b....... Hence is this petition. 4. Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendan..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. ......it premises the defendant tenants would be accommodated in the new premises. 6. The High Court Division observed that law permits eviction from the premises for construction or re-construction according to section 18 (Uma) of Premises Rent Control Act, 1991. In the facts and circumstances of ......owab 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. Judgment MM Ruhul Amin J.- This Petition for leave to appea...... to the effect that after construction of the commercial building in the suit premises the defendant tenants would be accommodated in the new premises. 6. The High Court Division observed that law permits eviction from the premises for construction or re-construction according to section 18 (..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. ...... that the fraud was committed by the opposite-party which was not carefully considered by the Courts below and I have found considerable force in argument of the learned counsel of the petitioner and accordingly the Revisional application has merit. 12. In the result, the Rule is made absolute ......……Petitioner Vs. Md. Roshan Akter Rahman………………………Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Ba......ng written objection denying all the material allegations made in the petition contending inter alia that the petitioner's case under Order 9, Rule 13 was not maintainable, the same was barred by the law of limitation and there was service of summons upon her through Court and she herself appeared b..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. ......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. ......titioner. 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 leave to appea......ent charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping by the office order dated 27.3.2001 to respondent No.5 is violative of the writ-petitioners right to protection of law guaranteed by Article 31 of the Constitution and also violative of the equality provision guar..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.
......e allotment letter and, therefore, applied to the Ministry of works for extension of time and the Ministry extended the time for six months from the date of service of the letter dated 23.03.1992 and accordingly the writ petitioner paid 25% salami with 10% interest on 16.09.1992 i.e. within the exte......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, Ministry of Works......rties the High Court Division made the rule absolute declaring the order dated 02.01.1993 issued by the Ministry of Public Works canceling the allotment in favour of the writ petitioner to be without lawful authority and of no legal effect. Hence is this petition.
4. In support of the petition M..
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. ......……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 req......ondent 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 required sanction has n......iminal Procedure. Similarly, his view expressed in the judgment as to non‑compliance of section 339B of the Code is also not correct, which appears to have been taken ignoring the provisions of law as mentioned above by us. 12. We, however, agree with the ultimate result of dismissal of..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....r accordingly, no summons was served upon the petitioner or the local agent and therefore the ex parte judgment and decree obtained fraudulently in the said suit is liable to be set aside for ends of justice. He submits that the petitioner has been able to prove that there was sufficient cause shown......ccept the summons on behalf of Regent Ken International Ltd. and that confirms the fact that at the time of institution of Admiralty Suit No.5 of 2004 they were not the local agent for the petitioner accordingly, no summons was served upon the petitioner or the local agent and therefore the ex parte......s. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment 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......ue, learned Advocate appearing on behalf of the opposite party-plaintiff, submits that the record shows and this Hon'ble Court accepted that the service upon the defendants was in accordance with law and hence proceeded to deliver judgment ex parte. He further pointed our that the judgment in Ad..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. ...... 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. ......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.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Pub......e is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... with said defendant No.1, the learned Joint District Judge acted beyond his jurisdiction in granting stay of further proceedings of the suit under section 10 of the Act, which resulted in failure of justice. 9. He submitted that the learned Joint District Judge misconstrued said contract 25‑...... under section 10 of the Act and granting stay of further proceeding of the suit, and rejecting the application for rejection of the plaint. Such order did not result in failure of justice. The Rules accordingly fail. 27. Before parting, we could not help but to say few words of the English tex......Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rules are discharged. Legal proceedings by a party against other party to an arbitration agreement Where a party to an arbitration agreement initiates legal proceedin......ির এখতিয়ার আদালতের থাকিবে না।" 24. Close reading of the above provisions makes us clear, that notwithstanding anything contained in other law for the time being in force, where a party to an arbitration agreement initiates legal proceedin..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.
......ding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2004 rejecting the prayer for according sanction from the Office of the Hon'ble Prime Minister to proceed with the case agains......নের কোন বিধানের সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers......or according sanction from the Office of the Hon'ble Prime Minister to proceed with the case against the respondent Nos.5 and 6, Annexure-E, should not be declared to have been passed without any lawful authority and is of no legal effect, and why respondent Nos.1 and 2 should not be directed to..
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. ......ed guilty of the charge under sections 302/149 of the Penal Code. 5. He has further argued that there is no evidence that the accused persons had a common object of Idling Fatik Mia. So, according to him, the conviction under sections 302/149 of the Penal Code to all the seven accused w......the unlawful assembly might not have the common object of murdering the victim but they had common object of committing an offence including murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable. ......…..Respondent Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149 All the members of the unlawful assembly might not have the common object of murdering the victim but they had common object..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ght to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any stage of the trial to meet the ends of justice. In view of the facts and circumstances of the instant case, we do not think that there is a......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. ...... Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 ...... and 16 of the application under Article 49 of the Order laid down the foundation for the allegations mentioned in the application for calling for the records and there is no necessity to mention the law i.e. Article 31 of the Order. 9. He further submits that the case of the respondent is no..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....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. ...... try to recover her and thereafter he filed the instant petition of complaint. The Magistrate sent the petition of complaint to the Office-in Charge of local police Station for necessary action and accordingly the instant case started under the Nari-O-Shishu Nirjatan Damon Ain, 2000. The Police a......mad Dastagir Hussain J Mamnoon Rahman J Firoz Chokder……………………………Petitioner Vs. The State…………………………Opposite Party Judgment October 27, 2004. Result: The Rule is made absolute. Lawyers Involved: S. M. Reza......its that the trial was held in absentia. Proclamation was not published in the widely circulated paper but it was made in the daily Chandpur Kantha and daily Bhorer Dak. The mandatory provision of law is that the publication must be in the widely circulated papers. It has not been done and such ..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. ......the awards Rule of the Court cannot be sustained in law. The appeals, therefore, succeed. In the result, the appeals are allowed with cost. 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 D......;…………………………….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jut......on agreement very appointment of arbitrator and/or tribunal, cognisance and conduct of arbitration proceedings and giving awards by such tribunal all became nullity being coram non judice. We know no laws that posits the view that participation of the parties to a contract in an arbitration proceedi..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.
......es, Regulations and Laws and that it is to be granted by the State at its own discretion and time and in the instant case the petitioner's application for licence is still under consideration and accordingly, submits that this Rule has no merit and is liable to be discharged.
8. Heard the l...... Processing 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 ......shment of such undertaking was sanctioned.
Article 31 of the constitution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordance with law. This Rule will apply to any company set up by registra..
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. ......laintiffs in the suit shops cannot be termed as adverse. Impugned judgment and decree of the trial Court declaring title of the plaintiff in the suit land therefore cannot be sustained in law. Appeal accordingly, succeeds. 36. In the result, the appeal is allowed with cost. Impugned judgment an................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and p......ase is more probable and believable. 32. Lastly, even if it is accepted that plaintiffs entered into the shops when they were vacant and abandoned, the possession of such shops would continue in law to be of the real owner unless and until the defendant acquires title by adverse possession. ..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. ......lt, the appeal is allowed without however any order as to cost. Impugned judgment and decree are hereby set aside. The suit of the plaintiff is decreed; title of the plaintiff in the suit property is accordingly declared and entire certificate proceeding of Certificate Case No.17 of 1986 including o.............................Appellant 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: ......n to defendant No.3 claiming that her husband Anisuddin Ahmed had no title or interest in the suit property. About one and half years before the certificate proceeding commenced, the plaintiff became lawful owner of the suit property. She also prayed for release of the suit property from the certifi..Category: Others | Date: 15 Aug, 2004 | Hits: 3
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