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Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....ule are that the above mentioned special case was initiated by the opposite party No.2 Manager, Cox's Bazar Branch, of the City Bank Ltd against the petitioner alleging that while the petitioner had been serving as Branch Manager of the said City Bank Ltd Cox's Bazar, the petitioner extended...... 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. ......to why the proceeding of the Special Case No.2 of 1994 under sections 409/420 of the Penal Code, pending before the Court of Senior Special Judge, Cox's Bazar, should not be quashed or such other order passed as to this court seems fit and proper. 2. The relevant facts necessary for disposa...... 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. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

....filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169 of 2001......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 ...... Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for leave has been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharg......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 ..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156

Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)

....is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......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. ......arty also illegally modified the original construction and carried on some new construction work therein without any prior permission from the Rent Controller or from the landlords. The plaintiffs in order to construct a new building in the suit premises by demolishing the existing structure got a p......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. ..

Category: Property Law | Date: 12 Dec, 2004 | Hits: 62

Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)

....Most. Shilu Begum……………………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; Abd......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. ...... the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1998 passed by the learned District Judge, Gaibandha, in Miscellaneous Appeal No.3 ......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. ..

Category: Property Law | Date: 7 Dec, 2004 | Hits: 88

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

....so Reported in: 57 DLR (2005) 237.           ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......e of the petitioners although they purchased the lands from the same vendors and have been living in the same plots i.e. CS and SA Nos.76, 77. The petitioners have collected a photo copy of allotment orders given in favour of one Abdul Quadir whose name is in serial No.50 of the list of 92 persons. ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)

....ry 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 instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. ......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. ......ted-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 appeal has been filed against the judgment and order dated October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition......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. ..

Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another ........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. ......ave to Appeal No. 1481 of 2002. Judgment Amirul Kabir Chowdhury J.- Secretary, Ministry of Works, Government of Bangladesh, the writ respondent, seeks leave to appeal against the judgment and order dated 17.06.2002 passed by the High Court Division in Writ Petition No. 365 of 1993, making th......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. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....t 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 neither been received nor re......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. ......l Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent.  Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 of 19......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. ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

.... 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, Advocate-For the Plaintiff-Opp......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.   ...... the Admiralty Suit in question. He came to know recently about the ex parte decree and took steps to this petition for restoration at the earliest opportunity. He submits that, although there was an order issued by this Hon'ble Court to serve summons/notice upon the defendant petitioner none wa......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.   ..

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)

....n) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: T...... 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.   ...... Rule Nisi on an application under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 21‑9­-2000 passed by the First Court of Settlement, Dhaka in Settlement Case No.92...... 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.   ..

Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

....t is therefore, never ipso facto intended to be barred in view of existence of an arbitration agreement……………….(24) If sections 7 and 10 of the Act are read together the intention of the legislature becomes clearer that once the parties to a contra6t agr......10 of the Act but rejected other application for rejection of the plaint. 6. Against the order granting stay, the plaintiff on 18‑8‑03 moved this Division and obtained the Rule and got an ad-interim order of stay of operation of the order. 7. Defendant No.1 also moved similar revision ......s. 3438 and 4501 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2...... 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.   ..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

........................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents Judgment March 23, 2005. Result: The Rule is made absolute. ২৮ “অপরাধের বিচার, ইত্যাদি।- (......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. ......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 9‑5‑2004 passed by the Metropolitan Sessions Judge, Dhaka in Special Case No.39 of 2......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. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

.... 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 of committing an offence including murder through only four of the appellants caus......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. ......9;For the Appellants.  A K M Shahidul Huq, Advocate‑on‑Record‑‑For the Respondent.   Criminal Appeal No. 16 of 1998. (From the judgment and order dated 4‑8‑1997 passed by the High Court Division in Criminal Appeal No. 1565 of 19......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)

....red with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ………………………..(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. Humayu......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. ......972 (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. In order to maintain the sanctity of the election, the packets inside the gunny bag should be scrutinis......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. ..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

....he lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......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. ......Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in......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. ..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhory J Mir Hashmat Ali J Ain-o-Salish Kendra and others…………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs……….. Respondents Judgment ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......rtha now being detained in Dhaka Central Jail, before this Court to satisfy that he is not being held in custody without lawful authority and or in an unlawful manner and for stay of operation of the order of remand dated 16-9-2004 issued by the Chief Metropolitan Magistrate, Dhaka in Motijheel PS C......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....e High Court Division was not justified in sending the case on remand to the trial court on the plea of waiver......................(18) Cases Referred to- Messrs Binning & Company (Bangladesh) Ltd Vs. Messrs Nasirabad Properties Ltd, 40 DLR (AD) 89; Shamsul Huda (Md) being dead his hei......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......e‑on‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 9‑4-­2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

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

....05) 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.       ......- We heard the appeals together and now, dispose of 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 ...... 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.       ..

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

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

....urt Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Tariq ul Hakim J Northpole (BD) Ltd......................................Petitioner Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents Judgment ...... 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. ......to the respondent No.1 that the petitioner pursued the respondents through various correspondences and representations for permission to manufacture tents at its factory premises at Chittagong EPZ in order to export huge quantity of tents to the lucrative export market in Canada. The assertions made...... 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

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

..........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: Shafique Ahmed ......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. ......ration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, wi......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. ..

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