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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....Ain of 1995 could not try an offence under the Penal Code and the order of conviction and sentence under section 304 of the Penal Code was, therefore, without jurisdiction. But the appellant had no hand in the matter of trial. If there was a trial in the wrong forum, the responsibility must lie ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....n in the line suggested by them under the Constitution; accordingly Vice President Moudud Ahmed resigned and the Caretaker Government was appointed by the detenu and he himself resigned on 6-12-90 handing over power to the Caretaker Government for conducting parliamentary elections under the Con......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... Revenue authority……(8) Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record—Fort the Appellants. Khandker Mahbubuddin Ahmed, Advocate, instructed by SH Siddique, Advocate- Record—For the Res......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....e articles with some of his own belongings in the rented house where a family was allowed to live as care taker and a guard was posted there and that a Toyota jeep, belonging to the petitioner, was handed over in Jimma of Mr. Mustafizur Rahman by the Committee which he kept in the garage of house...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....199 wherein Abdul Hannan’s case of both of the High Court Division and of the Appellate Division were considered to understand the true import and distinction between section 19 on the one hand and sections 25(1), 25(7) and 30 on the other hand. 10. It will be worthwhile now to ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....without following the procedure laid down under rules 15 and 16 of the Terms and Conditions of Service of Teachers of Non- Government Colleges by the Governing Body is wholly illegal. On the other hand, Court of appeal below found that the plaintiff failed to prove under the provisions of which ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record &mdas......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who had left this country for India some time in 1920 making over its posse......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ous concepts on the independence of the judiciary relies upon page 558 of the “Constitutional Law of Bangladesh” by Mahmudul Islam (the present Attorney-General). He also relied upon the case of Chandra Mohan vs. State of Uttar Pradesh 1966 (SC) 1987 and recounts the history of the Provincial Ci......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. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... the decretal amount or bank guarantee thereon if he wants to file an application under Order 9 rule 13 of the Code for setting aside the ex parte decree. Sub-section (1) of section 6 on the other hand provides that subject to the provision of section 7 (providing for appeal) proceeding, order, ......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. ..Category: Business or Commercial Law | Date: | Hits: 104
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....ommission but he could not come directly to the High Court Division in its writ jurisdiction. 6. Mr. Md. Hannan, learned appearing on behalf of the writ petitioner respondent, on the other hand, submits that the disturbance started after polling and after completion of the counting of th......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ue that the case of the accused is that the girl is above 18 years of age, she left her father’s house on her own and that she voluntarily embraced Islam and married the accused. On the other hand, the guardians allege that she is a minor and the accused had committed offences under the afo......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Category: Labour and Industrial Law | Date: | Hits: 163
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....cree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....ed: M Nurullah, Senior Advocate (Zakir Ahmed, Senior Advocate and Fida M Kamal, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....has “taken into consideration” an import which has taken place 17 months earlier. The committee has thus exposed itself to a justified accusation that it had no relevant and rational materials at hand to raise the tariff value to such an abnormal and unreasonable proportion. Dr. Kamal Hossain al...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....and collect rent from the said tenant. Plaintiff used to collect rent from defendant No. 2 Abdul Khaleque at Taka 60.00 per month. Plaintiff served an Advocate’s notice to defendant No. 2 to hand over vacant possession to the plaintiff for his personal necessity. Defendant No. 2 paid rent ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....kind of damage which the law presumes to follow from the wrong complained of and which, therefore, need not be expressly set out in the plaintiff’s pleadings. Special damage, on the other hand, is damage of such a kind that will not be presumed by the law and must therefore be expressl......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&......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 ..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....espondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim that the suit jote was sold in auction in Title Execution Case No. 525 of 1928 and purc......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71