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Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution......Ka list” on 23-9-86 although a decree of the Civil Court was passed on 30-4-86 declaring the property in plot No.16/ 1 not to be an abandoned property, it has already been mentioned as to the nature of the decree on the basis of which the High Court Division passed the impugned judgment. T..Category: Property Law | Date: | Hits: 48
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......rs of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......the impugned judgment was also not very happy and satisfactory but even then he would not make any submission against the order of conviction because he is himself satisfied about the contemptuous nature of the appellant’s remarks against Judicial Officers. He would only crave the indulgen..Category: Criminal Law | Date: | Hits: 70
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants ...... on the failure of the petitioner not availing of the alternative remedy was negatived on the grounds of involvement of question of interpretation of sections 18,19 and 30 of the Act and perishable nature of the goods. In appeal against that decision this Division in the case of Collector of Cus..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
.... abetment of the offence. Even in the confessional statement of the co-accused Saiful Islam the accused appellant has not been implicated in the murder of Alamgir Kabir and the confession itself is exculpatory and its evidentiary value is nil. In these circumstances the accused appellant has been...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... 7. Learned Advocate for the appellant submits that High Court Division acted illegally in taking into consideration confessional statement of accused Saiful Islam as the same was exculpatory in nature. He further submits that PW 1 did not name the appellant Billal and PW 3 is a mere chance wi..Category: Criminal Law | Date: | Hits: 58
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... (Civil) Present : Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Asmat Ali………………&hel......in the facts and circumstances of the case the suit for redemption of mortgage is maintainable or not and further whether reference of President’s Order No. 88 of 1972 and the past and closed nature of the transaction are relevant for the purpose of the suit. (2) Whether the plaint..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......is also Reported in: 52 DLR (AD) (2000) 82. ......ers under section 5. By order dated 8-1-1994 the appellant in the Implementation Cell accepted in paragraph 3 thereof that the Bangladesh Civil Service (Judicial) officials perform a kind of work the nature and character of which is different and separate from others and on that ground and considera..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners ......t section 32 of the Arbitration Act, 1940 bars a suit challenging the validity of an award or an agreement without filing an application under section 33 of the Act and that the suit of the present nature was not maintainable. 4. Mvi. Md. Wahidullah, learned Advocate-on- Record, appearin..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......; Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...Respondent Judgment Fe......le 9 of the Code of Civil Procedure. However, High Court Division observed as follows: “It is well-settled that the Artha Rin Adalat though a Civil Court is a Court of defined nature having its own form of appeal and in the Adalat Ain excepting the provision of Order 9 rule..Category: Business or Commercial Law | Date: | Hits: 104
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......il Revision No. 4687 of 1999, Here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1-......d thus the defendants practiced fraud upon the plaintiff as well as the Court by withholding the aforesaid documents and, as such, the plaintiff was deprived of the opportunity to show the fraudulent nature of the impugned documents and plaintiff came to know about the forged nature of the aforesaid..Category: Civil Law | Date: | Hits: 142
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......rt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director…&hellip......Learned Advocate appearing on behalf of the petitioner submits that respondent No. 1 was appointed as Production Manager in the petitioner- company and as the job was of managerial and supervisory nature, the Labour Court committed illegality and wrong in entertaining the IRO case. It is submit..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ...... ......1 of 1997 and will also prejudice the petitioner’s claim of title to the remaining lands covered by 47.75 acres. 11. Mr. Amirul Islam readily concedes since the dispute is of a civil nature the writ petitioner will be contented if the impugned notices are declared to have been pas..Category: Constitutional Law | Date: | Hits: 164
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......ith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......inmates of the house recognised any of the dacoits including the present appellants by name but they were subsequently identified in the TI parade only by the informant, which is of a very doubtful nature. He submits that when the occurrence took place at night recognition after about 9 months in..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......erred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed......e as to be amenable to a proper and meaningful reply. As to the reference in the notice of warning in 1991 and 1993 and cancellation of licence in 1987 it will be seen that besides being of a general nature, they were partly false and partly half-true which could not be related to the subsequent vag..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J AKM Jamaluddin & others………………….Petitioners Vs. ......n found that the procedure adopted by the trial Court will encourage the filing of spurious medical certificates. The doctor who granted the certificate or a witness who knows the doctor’s signature should be examined. As such the trial Court’s judgment was set aside and the case was..Category: Procedural Law | Date: | Hits: 118
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitione...... Commission issued an advertisement notifying that 80 Class-1 Officers would be recruited in the Bangladesh Bank though open competition. The said A did not file Writ Petition No. 66 of 1976 in the nature of a group or class action. He agitated his own case and in both Civil Appeal No. 35 of 197..Category: Administrative Law | Date: | Hits: 159
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ...... (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant ......se of retrospective operation of a statue. In this case the National Board of Revenue has only issued a Circular in exercise of its powers under section 5(8) of the said Act. The Circular is in the nature of a direction upon Assessing Officers to appreciate evidence of certain materials produced..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment ......age, on the other hand, is damage of such a kind that will not be presumed by the law and must therefore be expressly alleged in those pleadings so that the defendant may have due notice of the nature of the claim the plaintiff will not be permitted to give evidence of it nor will the jury b..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... 9. Of the 16 prosecution witnesses there were 7 eye-witnesses of the occurrence, namely, PWs 1-4, 6, 8 and 10. Others are official and formal witnesses and evidence of some is of corroborative nature. 10. The learned Sessions Judge upon a consideration of the evidence on record, by ju..Category: Criminal Law | Date: | Hits: 77
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......(1997) 130 ......hat view of the matter the Advocate Commissioner will make an inventory of only those objects which arc the subject matter of any pledge, hypothecation or mortgage, mentioned in a document of such nature, to which the petitioner is a party. &..Category: Procedural Law | Date: | Hits: 98
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......s Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... case there would be torture on her and also on her two unmarried daughters which would be intensified and prolonged. In such circumstances she was taken to the Magistrate on 12-11-96 who took her signature on a statement not made by her. The signature was given in the statement under duress, coerci..Category: Criminal Law | Date: | Hits: 115
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