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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......hat the principle of natural justice should be followed as far as practicable whenever any person's right is going to be adversely affected by any action whether by a Court of law or a Tribunal or an Administrative Authority. At the same time, he contended that in the present case this doctrine is n......, 27 DLR 622; Mirza Shahab Ispahani Vs. Government of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....d Appeal No.232 of 1971 to this Court which was dismissed on 6.12.77, whereupon they filed Civil Petition for Special Leave to appeal No.132 of 1978 which was also dismissed by their Lordships of the Appellate Division on 23.6.78. 4. Thereafter the decree‑holder petitioners filed Title Executio......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

....session of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....yet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14; Emperor Vs. Khawaja Nazir Ahmad, AIR (32) 1945 Privy Council 18; Shaheda Khatun Vs. Administrative Appellate Tribunal, 3 BLC (AD) 155; Rana Birpal Singh Vs. Emperor, AIR (36) 1949 Bombay 161; Abdul M......i Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14; Emperor Vs. Khawaja Nazir Ahmad, AIR (32) 1945 Privy Council 18; Shaheda Khatun Vs. Administrative Appellate Tribunal, 3 BLC (AD) 155; Rana Birpal Singh Vs. Emperor, AIR (36) 1949 Bomb......n, 17 BLD (AD) 44=2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14; Emperor Vs. Khawaja Nazir Ahmad, AIR (32) 1945 Privy Council 18; Shaheda Khatun Vs. Administrative Appellate Tribunal, 3 BLC (AD) 155; Rana Birpal Singh Vs. Emperor, AIR (36) 1949 Bombay 161; Abdul Mannan Bhui..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

.... that the appointment of the senior-most Judge of the Supreme Court as the Chief Justice is not a convention and there is no such concept of rule of seniority. He pointed out that the decision of the Appellate Division in the case of Bangladesh, represented by the Secretary, Ministry of Justice and ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial and independent Court's Tribunals and the exercise of that right is dependent on the independence of judiciary which can be ..

Category: Constitutional Law | Date: | Hits: 228

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....gh Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....rantee cannot be throttled in any manner or by any act unless there is an allegation of fraud. This proposition of law is well settled. In Uttara Bank Vs. Macneill & Kilburn [33 DLR (AD) 298] the Appellate Division on this point observed: "The decisions show that Court will not interfere by g......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....lso supported by the decision in case of Montaj Ali Akonda and others Vs. Kefatullah Mondal being dead his heirs 1(a) son A. Hamid and others, reported in 7 MLR (AD) 138 wherein their Lordship of the Appellate Division decided as under: "We have gone through the available mate­rials particularly...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

....dditional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...

Category: Criminal Law | Date: | Hits: 91

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....ind­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ..

Category: Property Law | Date: | Hits: 68

State Vs. Sabu and others, 2009, 38 CLC (AD)

....umstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......l in a severely injured condition. There he succumbed to his injuries at about 10 p.m. in the night following 23.04.2001. 3. The learned Judge in the Court of Jananirapatta Bignakari Aporadh Daman Tribunal and the Special Sessions Judge, Court No.2, Rajshahi, in Sessions Case No.22 of 2003, after..

Category: Criminal Law | Date: | Hits: 71

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....o interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...

Category: Criminal Law | Date: | Hits: 98

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ffering responses from the two parties to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbi­tration No.1 of 2007 arises as a section 7(Ka) applic..

Category: Alternative Dispute Resolution | Date: | Hits: 172

State Vs. Jabbar, 2010, 39 CLC (AD)

....used respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. .......2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment Surendra Kumar Sinha J. - Respondent Jabbar along with five others was put on trial before the Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to face charge under section 302/34 ..

Category: Criminal Law | Date: | Hits: 53

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....ned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....e peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..

Category: Administrative Law | Date: | Hits: 166

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....n decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......n, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. Judgment Surendra Kumar Sin......r the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. Judgment Surendra Kumar Sinha J.- This leave petitio..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

....stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ..

Category: Fiscal/Taxation Law | Date: | Hits: 113