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Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

.... Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent.   Civil Appeal No. 67 of 1998. (From the judgment and order dated August 14, 1994 passed by the High Court Division in First Miscellaneous Appeal No. 476 of 1991).  Judgment  ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....tive operation cannot be given so as to impair the existing right. The learned Counsel has further submitted with reference to the principle of law enunciated in 34 DLR 77 by the Special Bench of the High Court Division that a law made under Para 10(2) of the 4th Schedule of the Constitution may hav......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)

..... Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264.     ..

Category: Criminal Law | Date: 18 May, 2004 | Hits: 3

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....s directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....que and others .............Respondents  Judgment May 8, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 115   The High Court Division committed no error of law in confirming judgement and decree of the trial court......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

....ereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ..

Category: Others | Date: 5 May, 2004 | Hits: 4

Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....209;on‑ Record‑For the Appellants. Not represented - The Respondents. Civil Appeal No. 7 of 1997. (From the judgment and order dated December 9, 1996 passed by the High Court Division in Civil Revision No. 3244 of 1995). Judgment    ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e appeals) Civil Appeal Nos. 84& 85 of 1999 Judgment Md. Ruhul Amin J.- These 2 appeals, by leave, are directed against the judgment and order dated November 15.1993 of a Division Bench of the High Court Division in First Miscellaneous Appeal No. 133 of 1991 allowing the same upon reversing t......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division was not authorized in law to pass any relief while disposing of an application u...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....ruct­ed by A.K.M. Shahidul Huq, Advocate-on-record- For the Respondents Civil petition for leave to appeal No. 528 of 2003. (From the Judgment and Order, dated February 9, 2003 passed by the High Court Division in Civil Revision No. 934 of 2001) Judgment Md. Ruhul Amin, J.- This p...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

....€‘For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This a...... Court Division do not call for any 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) 31. ..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....ature appearing on the solenama and genuineness of the signature having been seriously denied by the defendant respondent and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the han......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

.... 2­, 16 & 18‑32. Not represented ‑‑Respondent No. 17. Civil Appeal No. 46 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 3005 of 1998).  Judgment   &n......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....pondent Nos. 3‑31.  Not represented‑Respondent Nos. 1‑2.  Civil Appeal No. 45 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 2982 of 1998).  Judgment   &n...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....o Reported in: 57 DLR (2005) 244.                         ...... This Case is also Reported in: 57 DLR (2005) 244.                         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

.... Not represented‑Respondent Nos. 1‑6 & 8.   Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2003).   Judgment   &nbs......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

.... AKM Shahidul Huq, Advocate‑on-­Record ‑ For the Respondents (In all the appeals). Criminal Appeal Nos. 33‑37 of 1999. (From the Judgment and Order dated December 11, 1997 passed by the High Court Division in Criminal Revision Nos. 5‑8 of 1996 and Criminal Miscellaneous Case No. 1032......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....ecord—For the Petitioner.  Not Represented—Respondent.   Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003).  Judgment    &......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....e and sentenced them thereunder to rigorous imprisonment for 7 years each.  5. The learned Additional Sessions Judge submitted the reference being Death Reference No. 13 of 2000, to the High Court Division for confirmation of the death sentence under section 374 of the Code of Crimin......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332