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Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....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..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
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.......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..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. ......- 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 ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....ne who is not a citizen of Bangladesh, if the person engaged in the performance of functions of the Republic does not act in accordance with law.
The instant Writ Petition is quite maintainable. Government action must be passed as per law and the law itself must be reasonable and fair with refe......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..
Category: Business or Commercial 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. ......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..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. ...... Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by any order or decision of the Waqf Administrator. Similarly, he is entitled to present an appeal before t..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Division (Civil Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. ......ule was obtained by the petitioner on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned orders vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accor..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)
.... i.e. the period in which he was said to have committed offence of misappropriation, criminal breach of trust, forgery, etc was a Manager of a Nationalised Bank and, as such, previous sanction of the Government as per provision of section 6(5) of the Criminal Law Amendment Act, 1958 was necessary, b......pondents. Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed against the judgment and order dated July 2, 1998 of a Division Bench of the High Court Division in Criminal Revision No. 345..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. ......retirement was imposed upon the petitioner without following the provisions of the Service Regulations, specially 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) ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....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.
...... bank would deem to be instituted by and against such bank.
19. On the basis of said notification Eastern Bank Limited got its name substituted in place of BCCI in the memorandum of appeal by an order dated 17‑12‑92. On behalf of such plaintiff bank, Mr. Syed Shahid Hossain, learned Advocat..
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. ......ment of Labour (Standing Order) Act, 1965 (VIII of 1965), Sections 19 & 25 Section 25 of the Employment of Labour (Standing Order) Act, 1965 bars all or any complaints against the order of termination under section 19 even then the worker is authorised to claim relief available ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....ent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the criminal revisional application) int......tion is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the s..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. ......nce of the contract causes hardship on the defendant, which he did not foresee, whereas its non‑performance would involve no hardship to the plaintiff if the Specific Performance of Contract is not ordered. Further time is the essence of contract. The time was three months from the date of receivi..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... 8‑8‑1970 and thus she became owner of the entire 57 decimal of land in the suit Khatian No.420 and in the suit Plot No.460. But subsequently, land of this plot was declared Enemy Property by the Government in the year 1969 in Case No.19 (Non Agricultural land) of 1969‑1970. The case was ......urgaon in Title (Other) Appeal No.19 of 1992 the defendant-respondent has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule together with an order of stay of all further proceedings of the Title Execution Case No.5 of 1993 pending in the Cou..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....mpowered 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 DLR (AD) 139; BADC Vs. Quality Associated Limited, ......which the award may be set aside. The grounds are namely, (a) that an arbitrator or umpire has misconducted himself or the proceedings; (b) that an award has been made after the issue of an order by the Court superseding the arbitration or after the arbitration proceedings have become inva..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. ......eeding. 7. We have gone through the police report submitted under section 175 of the Code of Criminal Procedure, the statements of the witnesses recorded under section 161 of the same Code and the order of taking cognisance of the offence against the accused persons and considered the above submi..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....person in the rehabilitation zone since the person from whom he has acquired the had 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......instructed by Md. Waliul Islam, Advocate‑on‑Record‑For the Petitioner. Not represented‑the Respondents. Civil Petition for leave to Appeal No. 1372 of 2002 (From the Judgment and order dated February 6,2002 passed by the High Court Division in writ Petition No. 3602 of 1999) ..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....re defendants therein admittedly remained in possession, allegedly adversely, openly, declaring hostile title by mutating their names, paying rent and taxes to the authorities concerned including the Government, raising building and boundary wall and presently have raised a plea of a civil dispute a......dvocate, instructed by Serajur Rahman, Advocate‑on‑Record- For Respondent Nos. 1‑4. Dispensed with‑ Respondent Nos. 5‑ 7. Civil Appeal No. 38 of 2000. (From the judgment and order dated 25th April 1994 passed by the High Court Division in Appeal from Original Decree No. 266..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....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.
......al‑ For Opposite Party No.1.
Criminal Revision No.714 of 2001.
Judgment
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, D..
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)
.... 1 (CPA) have been challenged to be without lawful authority mainly on the ground that no authority is conferred upon the aforesaid respondent to impose any berth hire charges without approval of the Government and publication of the notices in the official Gazette showing rate of charges as provide......bsp; Habibul Islam Bhuiyan, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record- Respondents Nos. 1-4. Civil Petition for Leave to Appeal No. 749 of 2004 (From the judgment and order dated 5th January 2004 passed by the High Court Division in Writ Petition No. 5806 of 1997).&n..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
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