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Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..............................ry J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judg..

Category: Business or Commercial Law | Date: | Hits: 96

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-opera­tive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ......nt (In Civil Appeal No. 4 of 1992) Ahsanullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & ..

Category: Constitutional Law | Date: | Hits: 655

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......              April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents          &......p; Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents    &nb..

Category: Criminal Law | Date: | Hits: 61

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. .........................................Appellant [In both the appeals]               Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au...... Qazi Karnal ... .........................................................Appellant [In both the appeals]               Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In bot..

Category: Property Law | Date: | Hits: 110

Bangladesh Freedom Fight­ers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)

.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom Fight­ers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain...............................esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom Fight­ers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain............................................................Respondents ..

Category: Employment/Service Law | Date: | Hits: 93

Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD

....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment M..

Category: Employment/Service Law | Date: | Hits: 67

AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)

....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......ahmud, Advocate (Mr. Tamizul Haque, Advocate with him), instructed by Md. Aftab Hussain, Advocate-On-Record-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-­Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judg......rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-­Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......d. ..

Category: Anti-Corruption Laws | Date: | Hits: 92

Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)

....bsp;                            Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent Judgment      ..

Category: Criminal Law | Date: | Hits: 59

Abul Khair Vs. The State, 1992, 21 CLC (AD)

....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. La..

Category: Criminal Law | Date: | Hits: 61

Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)

.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......n-Record - For the Petitioner. Abdul Hug, Advocate, instructed by Mohammad Ayub, Advocate-on-Record - For the Respondent Nos. 1-3. SS Haider, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, ......Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Chairman, Kushtia Co‑operative Industrial Union Ltd .............Petitioner Vs. Mujibur Rahman & others...............Respondents Judgment June 10th, 199..

Category: Property Law | Date: | Hits: 98

Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)

....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... Fazlur Rahman Molla ...................Appellant             Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and another ………………… Respondent...... CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazlur Rahman Molla ...................Appellant             Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice Division and anoth..

Category: Criminal Law | Date: | Hits: 79

SA Sultan Vs. The State and another, 1991, 20 CLC (AD)

....msul Huq Siddique, Advocate‑on‑Record- ­For the Appellant. M Shamsul Alam, Deputy Attorney General, instructed by SU Chaklader, Advocate‑on‑Record ‑ For the State (Respondent No. 1). Sirajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Re......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......t Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J SA Sultan ............................Accused‑Appellant Vs. The State and another................Respondents Judgment November 20, 1991. Result: The appeal is......39. ..

Category: Criminal Law | Date: | Hits: 64

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ........... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) ..

Category: Administrative Law | Date: | Hits: 203

Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)

....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ...... Judgment June 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved: MH Khander, Senior A......R (AD) (1992) 83. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Somedullah being dead his heirs: Saifa Bibi and others………………… Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgmen..

Category: Property Law | Date: | Hits: 63

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia....... ..

Category: Business or Commercial Law | Date: | Hits: 130

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique, Advocate‑on ‑Record ‑ For the Respondents. Criminal Appea......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ......Criminal) MH Rahman J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 53

Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)

....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ........Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Referred To: Abu Ahmed Abdul Hafiz & others Vs. MA Hoque Shirajee 1983 BLD (AD) 193; Azizul Huq Chowdhury vs. Manzur Hossain and others BCR 1984 (AD) ......urt Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Ref......d. ..

Category: Procedural Law | Date: | Hits: 110

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991.  Cases Referred to- ...... 12 BLD (AD) 72. ..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents       &n......ustafa Kamal J Latifur Rahman J                 Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents   &nbs..

Category: Constitutional Law | Date: | Hits: 365

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May ..

Category: Labour and Industrial Law | Date: | Hits: 144