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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. ......hereafter 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 after completion of Inves......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)
....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. ...... learned Deputy Attorney-General Mr. Md Helaluddin Mollah, with Mr. Mohammad Adbul Baset, Mr. Md. Giasuddin Mithu and Mr. AM Shwakatul Huq Assistant Attorney-General on behalf of the respondents. The case of the petitioner is that accused Shaibal Saha Partha was apprehended by plain clothes police a......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)
....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.......ivision was not required to give any finding in this respect in the absence of any specific 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 Refer......o. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transfer..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. ......Then, the appellant on payment of ad-valorem court fees got the appeal registered as FA No.356 of 03 purportedly under section 17 of the Arbitration Act, 1940, in brief, the Act. 3. Facts of the case, in short, is that respondent Messrs AB Jute Limited, briefly, the company, entered into a cont...... 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
.... 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.
......enefits of the State and State largesse are regulated by the Government through Rules, 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, subm...... 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.
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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. ......wner. Mere possession for a long time does not result in converting permissive possession into adverse 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) ...... Court No.1 at Rangpur in Other Class Suit No.5 of 1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No..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. ......ka and three others for declaration 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 ......tle Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration..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. ......eous Appeal No.127 of 1997 under sections 35 and 50 of the Waqf Ordinance 1962 (Ordinance No.1 of 62) before the District Judge at Chittagong against the Waqf Administrator and 41 others. 8. The case of said Md. Yusuf Choudhury and Motahar Hossain Choudhury, in short, is that said land of CS pl......rder, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he p..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. ......foresaid deep sea fishing trawler is capricious whimsical and arbitrary apart from being illegal and without jurisdiction. 5. No affidavit-in-opposition has been filed by the respondents in this case. 6. We have heard the learned Advocate Dr. AKM Ali appearing with Mr. AB Shawkat Ali for t......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. ..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. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a c......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. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......ce Regulations of the Islamic Foundation. He submits that although regulation 43(3) of the Regulations provided for formation of an enquiry committee with the officials of the Foundation but, in this case Enquiry Committee was composed of one of the members of the Board of Governors of the Islamic F......nbsp; ..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.
......mately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completen......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.
..
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. ...... 3386 of 2000 by a Division Bench of the High Court Division making the Rules absolute. 2. The writ‑petitioner in Writ Petition No.3386 of 2000 as the first party filed complaint case No. 19 of 1999 against the opposite party respondent Nos. 1‑2 (Writ Petition No.258......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. ..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. ......rt that the accused Hazi Riazuddin alias Moni had dispute with deceased Amir Shakil regarding lease of cattle market and Zinzira Kacha Bazar and having long standing enmity he planned the murder. The case was investigated by the police and a police report (charge‑sheet) dated 30‑11‑2002 was su......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. ..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. ......dant No.1 contested the suit by filing a written statement in which he alleged that the suit is not maintainable in its present form and it is barred by waiver, estoppel and acquiescence. The defence case, in brief, is that on 19‑3‑1992 this appellant agreed to sell the suit property at Taka 69,......,00,000. To clear his loans to the relatives, to the House Building Finance Corporation and to purchase another house appellant proposed to sell the suit property which includes a building and vacant land. There was a verbal contract that Taka 13,00,000 more will be paid to the appellant by the end ..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. ...... means, in essence, possession or enjoyment, without passing any interest in the property to which it relates, which could be otherwise wrongful…….(22) Adverse Possession In a case of acquiring title by adverse possession, the possessor has to remain in an uninterrupted posse......e, Thakurgaon illegal, void, collusive and not binding upon the plaintiff appellant also declaring the title of the plaintiff in the suit property directing the defendant No.1 to vacate the suit land by demolishing and removing structures and declaring also khas possession of the plaintiff in t..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. ......Taka 1, 88, 76,889.00. In support, Janab Md. Asalat Zaman Vs. Government of Bangladesh, 8 MLR (AD) 233 and BADC Vs. Quality Associated Limited, 46 DLR (AD) 97 were cited. 8. As stated above, the case of the consultant is that it completed the works vide work orders dated 3‑1‑87 and 5‑7‑......nt, MN Alam & Associates Ltd., without jurisdiction and the award given was a in brief, consultant, got work order dated 3‑1‑87 for nullity and learned Subordinate Judge therefore, survey and land use planning of first 1000 acres and then, another work order dated 5‑7‑87 for 1200 acres o..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. ......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 Fazlur Rahman J. - These two Rules were issued on two sepa...... 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. ..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:......tion zone reserving the right to accept or reject the application. The writ petition was heard along with 4 other writ petitions and the writ petitions we disposed of by a common judgment. 2. The case of the writ-petitioner is that he has acquired land in Mouza Badda by purchase in the year 1994...... Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person ful..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. ......the Waqf Ordinance and that the dispute regarding nature and character of the property as waqf is to be determined under the provision of section 50 of the Waqf Ordinance but in the given fact of the case as detailed in the plaint that the predecessor of the defendants themselves filed a suit for de......section 64(1) of the Ordinance for eviction of the plaintiffs is illegal and not binding upon the plaintiffs on the averment, inter alia, that one Peer Box Sawdagar was the original owner of the suit land which was inherited by the predecessor of the plaintiffs Yakub Sawdagar by way of purchase on 2..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
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