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Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......he First Appeal infractuous as such the Judgment and Order is liable to be set aside; that the High Court Division has failed to appreciate the terms and tenor of the order dated 28.05.1973 of the Ministry of Land Administration and land reform granting lease of the 12 annas share of the case Ja..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziul..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......hen Ismail Nur Mohammad gifted the above property in favour of one Golam Rabbani of Sylhet, who is fake, and then upon an appeal preferred by Iqbal Rabbani, son of above Golam Rabbani, the Ministry of Land Administration and Land Reforms, on the basis of wrong representation made in the ..Category: Criminal Law | Date: | Hits: 43
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....on with Abu Taher, Abul Kashem and A.C. Fazlul Karim instituted this false case against him. 7. The case of accused Habilder Abdur Razzak was that no dollar was recovered from his boot shoe, prior to the occurrence he along with Inspector Nasiruddin was enjoying movie show at Janaki Cinem......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......sion (Civil) Present: Syed J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, and others........ ....................Petitioner ..Category: Employment/Service Law | Date: | Hits: 69
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....l or revision before the High Court Division under sections 417A, 423 or 439 of the Code of Criminal Procedure, there is no express provision of law requiring this Court (Appellate Division) to issue prior notice calling upon the convict to show cause against enhancement of his sentence. But it cann...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....acre in CS Khatian No. 367 Plot No. 2513 corresponding to SA Plot No. 3134 and compensation roll was prepared on 1-9-1962 but the courts below found a rent receipt dated 1-12-1960 which is prior to the compensation assessment roll. The finding that the land is retainable and it is not w......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......o. 9 of Memorandum No, Estb/R l/R 73/72-79(500) dated 21st June, 1972 which reads as follows: “When it is proposed not to accept any recommendation of the Commission, the Ministry/Division/Statutory body concerned shall consult the Commission again and if it is- again ..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....nding that Shahidul Islam’s participation made a difference in the voting pattern or that the appellant had a connivance in the matter or that he benefited from an illegality of which he had prior knowledge. 29. We are, therefore, unable to accept the submission of Mr. Rafique-ul Hu......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ication which mentioned that it was to take effect from the date of issue, that is, November 30, 1976, the adjustment of the Union concerned on rearranging the existing wards should have been made prior to holding the election, particularly when the appellant along with seventeen others applied ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......s………....Respondents (In Civil Petition No. 171 of 1977) Mrs. Delerash Begum…………….Petitioner Vs. Government of Bangladesh Ministry of Industries, Dacca and others…………. Respondents (In Civil Pet..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....dated 20-8-2000 corrected as on 28-8-2000 is illegal. The learned Additional Attorney-General has further submitted that that post of Inspector was treated differently under different service rules prior to coming into operation of Act No. XX of 2000 and the said post together with the posts of A......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... the case of the officers of the Second Class Gazettes posts. 8. The main argument of the respondents is that the office memo dated 10-8-1994 which is an order of implementation cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of Martial Law Committee..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....t been given any power beyond the scope of the EPO or the Constitution, and that the insertion of section 3(3ka) shows that the intention of promulgating the EPR is to deal with any offence committed prior to or after the promulgation of the Emergency and that approval with retrospective effect wa......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ccordance with his demand he continued to threaten them and created various obstructions through the direct involvement and assistance of the respondent No.1, who was the Minister responsible for the Ministry of Power and Energy at that time and thereby kept the informant under mental pressure, th..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ...... Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......90 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition, by which the Land Acquisition Officer, Chittagong, in terms of the Memo of the Ministry of Land dated 12-5-90, requested the writ petitioner/ respondent No.1 to deliver to him 0...Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ng the Rule absolute. 2. The short fact is that Md. Zahangir Alam, the respondent No.1 in Civil Petition No. 223 of 2005, filed Writ Petition No. 1463 of 2004 stating, inter alia, that the Ministry of Housing and Public Works decided to sell out 374.31 metric tons of old iron and steel m..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......orruption Commission Act, 2004 and section 109 of the Penal Code alleging, inter alia, that the informant has been working as an enlisted contractor with the Roads and Highways Department under the Ministry of Communications since 1988 and received 5(five) work orders from the Ministry of Communic..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......earing the Rule requested Mr. Shawkat Ali Khan and Mr. Jamiruddin Sircar, learned Senior Advocates to be present in the Court as Amicus Curiae. The State also filed affidavit through the Secretary, Ministry of Home Affairs. 5. The appellant (criminal appeal No. 24 of 1999) al..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......l Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
..../1527/Sulkla dated 28.10.1993 fixing tariff value in respect of his import in question, subject-matter of letter of credit opened on 18.4.1994 and 19.5.1994 respectively. Thus the appellants prior to opening of the letters of credit were aware of the notification fixing tariff value for th...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
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