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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....Court Division in appeal and upon hearing the same the appeal was allowed setting aside the order of trial Court rejecting the plaint and directing the trial Court to hear the suit in accordance with law. 5. Leave was granted to consider the submissions for the learned Counsel appearing for th......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ......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
....tisfied. Since all the provisions of those sections are found to have been complied with and the accused petitioner has not also denied the same, I find it needless to discuss all those provisions of law and its compliance again.
16. In fact, in the instant case, the learned Advocate for the pe...... 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)
....dent No. 4 preferring a bill of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong P......tion is dismissed. Ed. ......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
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
..... 13. Lastly, he submitted that trial Court having committed no error in restoring the possession to the plaintiff who was dispossessed in the course of the suit and the appellate Court erred in law in directing restitution without deciding the issues. He cited in support, Abdul Jalil Munshi an...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......rected her to make an application for possession. 8. Accordingly, the plaintiff made an application for recovery of possession which was registered as Title Execution Case No.01 of 2003. By order dated 21‑1‑2003 a Writ of delivery of possession was issued and same date the process serv..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....levant issues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp......lationship of the parties from long before the transaction, the documents produced by the defendant No. 1, namely, the passport of his wife Exhibit Y(9), the certified copy of income tax assessment order Exhibit EE and other connected papers to arrive at a conclusion that the defendant No. 1 was ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....ust be one which is apparent on the face of the record, that is, it must be so manifest, so clear that no Court could permit such an error to remain on the record. It may be an error of fact or of law, but it must be an error which is self‑evident and floating on the surface, and does not ......sion) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it implies that if such error or errors is/ are allowed to continue injustice would be perpetu......dditional Attorney General, instructed by Md Wahidullah, Advocate-on‑Record‑For the Respondent. Criminal Review Petition No. 9 of 2004. (From the judgment and order dated April 10, 2004 passed by the Appellate Division in Criminal Petition for Leave to Appeal..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....Lines Ltd. and Transbangla Shipping Company of one Shawkat Ali. On 17‑11-1988 both the loans were adjusted. Meanwhile, a loan in the name of Pan Asia Lines was sought for by her brother‑in‑law (Bhasur) Mr. AB Siddiq but the said loan was not materialised. The plaintiff respondent then so......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Oriental Bank Ltd. ..........Petitioner Vs. Rina Alam and another ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. ......ructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Ju..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....unshiganj the case is required to be tried in the jurisdiction of Munshiganj and that no cogent ground having been stated to justify the transfer, the impugned order of transfer has caused error of law. 4. Mr. TH Khan learned Senior Advocate, appearing on behalf of the responde...... Judgment June 30, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Whenever both parties and most of the witnesses reside in one place within the jurisdiction of one court and the case or......d‑For‑ the Respondent No. 2. Not Represented ‑ Respondent No. 3‑5. Criminal Appeal No. 68 of 2003. (From the judgment and order dated 26‑8‑2003 passed by the High Court Division in Criminal Revision No. 657 of..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....ficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law……..(25) Cases Referred to- Suraj Pal Pandey and others Vs. Uttim Pandey ...... Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment June 29, 2004. Result: ...........Respondent Judgment June 29, 2004. Result: The Appeal is dismissed. An application under Order XLI, rule 19 of the Code of Civil Procedure is not maintainable against an order rejecting a memorandum of appeal for non-supply of deficit court fees………&..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....d Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market rate and as such application of the said provision is not sustainable in law………………………………&...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2......ossain, Advocate‑on‑Record-For Respondent No. 1. Not represented‑Respondent Nos. 2‑6. Civil Appeal No. 292 of 2003 (From the judgment and order dated 29th April 2002 passed by the High Court Division in Writ Petition No. 1931 of 2001).&nb..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
.... at the instance of the pre-emptor, the pre-emptor ceased to be a co-sharer in the holding in question". 6. Leave was granted to consider the submissions that the High Court Division erred in law in affirming the judgment of the appellate Court which was passed upon reversing the judgment of......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and others................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth......Judgment and Order dated 30, 1997 passed by the High Court Division in Civil Order Nos. 3230, 3231, 3232, 3233 and 3234 of 1997) Judgment Md. Ruhul Amin J.- These appeals, by leave, are against the order dated June 30, 1997 of a Division Bench of the High Court Division passed in Civil Order Nos. ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure for restraining said defendants from production and marketing of said 'Polyron'. Upon the application the Court ordered to issue usual notice upon the defendants asking them to show cause within three days from d..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
.... 2004.
Result:
The petition is dismissed.
The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX rules 1 & 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction i......s Case is also Reported in:56 DLR (AD) 166.
......edure, 1908 (V of 1908), Order XXXIX rules 1 & 2
The Arbitration Act, 1940, Sections 3(1)(4)
The law as in sections 3(1) and 3(4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but no..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....4 of the Constitution and why the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are t...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ......personally and the petitioner had no way to know that a suit was filed against him. On 29th July, 2001 the respondent No.1 the Joint District Judge and Artha Rin Adalat No.1, Chittagong by Order No.5 ordered publication of notice to the petitioner in two newspapers as per section 5(Ka) of the Arth..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
.... 0 f structures, tank, excavation of tank, house rent, fruits, fish, etc. other than the land although the Arbitrator ought to have allowed statutory compensation in respect of the land only as the law provides 15% statutory compensation in respect of the land alone. The High Court Division reje......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents Judgment May 25, 2004. ......Record‑For the Appellant. 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..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Case......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh......, Senior Advocate, Rokanuddin Mahmud, Senior Advocate instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For Respondent Nos. 2‑61. Civil Appeal No. 38 of 2002. (From the judgment and order dated 21st August 2000 passed by the Appellate Division in Civil Appeal No. 132 of 1998). ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ing crime had been committed in the house of husband Md. Delwar Hossain Faraji on 19‑8‑1996 at village Telikhali, Police Station Bandaria, District Pirojpur. 2. Following commission of crime law was set on roll on lodgment of First Information Report by Sheta Nath Mollik, Sub-Inspector of P......Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where wife Hasi Begum became victim at the altar of lewdness of her husband Md. Delwar Hossain F......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
....ong and another……………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the c......7 DLR (2005) 716.
......ip;…………Respondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the ..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....sp; 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 at the same time setting aside the judgem......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ......vocate‑ on‑ Record‑ For the Petitioner. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 162 of 2003. (From the judgment and order dated the 7th August, 2002 passed by the High Court Division in Civil Revision No. 4619 of 199..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)
.... Sheikh, the learned Advocate appearing for the appellant, submits that as the name of the present appellant was entered in the register of trade marks by way of change of ownership in due process of law on the basis of applications filed by him under TM 24 and TM 38, the only course opened to the r......the subsequent proprietor of registered trade mark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are......at Hossain, Advocate‑ For the Respondents. Trade Marks Appeal No.7 of 1997. Judgment MA Wahhab Miah J.- This appeal under section 76 of the Trade Marks Act, 1940 has arisen out of an order dated 6‑7‑1997 passed by the Registrar of Trade Marks, Dhaka removing the name of the appe..Category: Others | Date: 5 May, 2004 | Hits: 4
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