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

....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.......ic averment to the contrary.................(15) The 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 L..

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

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.       ......………………………………….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 2..

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. ......ht to withhold decision on his application indefinitely; whatever the outcome it must be disposed of fairly and promptly and in accordance with law……………(11-13) Case Referred to- HFDM De Silva Gunesekere Vs. Bangladesh represented by the Secretary, Ministr..

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.       ......possession. Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Here, in this case, possession of the plaintiffs in the suit shops cannot be termed as adverse....(34 & 35) Case Referred to- Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Lawyer..

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. ......m....................................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..

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.   ......er affirming the decision of the Waqf Administrator that land 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.   ..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1

Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......rected to issue necessary registration and licence to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..

Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ......background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............(12) Cases Referred to:  Md. Shamsuddin vs. State and others, 40 DLR (AD) 69; Bangladesh vs..

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

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

....nbsp;                                 ......pecially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) Cases Referred to- 13 DLR (SC) 105; 29 DLR (SC) 232; 52 DLR (AD) 17. Lawyers Involved: ..

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. ......ion would have no legal effect. When such filling in of said necessary gaps/blanks to make the documents complete is proved such documents would be excluded from consideration by a Court of law. Cases Referred to- Sultana Jute Mills Ltd. Vs. Agrani Bank, 46 DLR (AD) 174; Shipping Corporat..

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

SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)

....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ...... claim relief available as per the provisions if such worker is terminated due to his trade union activities or if he is deprived of the benefits available under section 19 of the said Act. Cases Referred to-  EPIDC vs Md Sirajul Huq 22 DLR (SC) 284; Khulna Newsprint Mills Lt..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

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. ......dgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the same judgement and order by the High Court Division on appeal has been confirmed. Case Referred to- Prativa Rani Dey Vs. Dr. Md. Yousuf 52 DLR (AD) 8. Lawyers Involved: ..

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. ...... and other……………………………….Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; S..

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

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

....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ......lip;..(25) All adverse claims by law are subject to limitation…………(26) Constructive possession is not equal possession…………..(29) Cases Referred to- Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 44..

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.   ......ation agreement as executed by the parties. He is empowered by the parties to decide only those disputes which are referred to him………………….(24-26) Cases Referred to- Janab Md. Asalat Zaman Vs. Government of Bangladesh, 2003 MLR (AD) 233 = 55 ..

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

MM Ishak Vs. State and another, 2004, 33 CLC (HCD)

.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......04) Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocates ‑ For the Petitioner (In Criminal Miscellaneous No. 2000 of 2004) No one ‑ For the Opposite Party. Criminal Miscellaneous Case No. 426 of 2004 with Criminal Miscellaneous Ccase No. 2000 of 2004. Judgment AKM ..

Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156

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:...... was the affected person because of acquisition made by the RAJUK. It was also the case of the writ petitioner that Government acquired the land, which he has purchased in August 1994, by starting LA Case Nos. 138 of 1961‑62, 91 of 1957‑58 and 26 of 1959‑60 for the establishment of Residential..

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. ......matter of disposal of the suit or appeal by the Courts 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. ..

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. ......lso found to be complied with. Neither the present petitioners nor convicted accused Khalilur Rahman (now dead) during, the course of trial has denied it in any way. ………(31) Cases Referred to- Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Compan..

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

M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)

....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged.  With above expunction of the redundant observation, this petition is dismissed.  Ed. ......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged.  With above expunction of the redundant observation, this petition is dismissed.  Ed. ..

Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109