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Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....ion No. 758 of 1978 was heard analo­gously with 4 other Writ Petitions including the Writ petition Nos. 479 and 538 of 1971. 3. In the case of Bangladesh Biman Corporation vs. Chowdhury Mohammad Yusuf (C. A. No.   24     of   1979)   a......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others........in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 94

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....ur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....sh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab Ali, Advocate-on-Record-F......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

.... present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, (Mohammad Hannan, Advocates with him) instructed by Mohammad Ayub, Advocate-on-Record -For the Appell......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Tobarak Ullah .............................Plaintiff-Appellant Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Re......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..

Category: Property Law | Date: | Hits: 64

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... (1973) 80. ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..

Category: Employment/Service Law | Date: | Hits: 96

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

....This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... Appellate Jurisdiction (Criminal) Present: Muhammad Yaqub Ali J Sajjad Ah­med Jan J Salahuddin Ahmad J Mohammad Sharif, s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18,...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..

Category: Criminal Law | Date: | Hits: 60

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....jad Ahmad Jan J Abdus Sattar J M. R. Khan J Sri Monmotha Nath Kuri ...............................Appellant (In Civil Appeal No. 38-D of 1965.) Vs. 1. Mvi Mohammad Mokhlesur Rahman. 2. Begum Fatima Khatun.......Respondents. Sri Monmotha ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......b Ali J Sajjad Ahmad Jan J Abdus Sattar J M. R. Khan J Sri Monmotha Nath Kuri ...............................Appellant (In Civil Appeal No. 38-D of 1965.) Vs. 1. Mvi Mohammad Mokhlesur Rahman. 2. Begum Fatima Khatun.......Respondents. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....hulam Hussain and others PLD 1968 SCMR 924. Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Chatta, Advocate-on-record—For the Appellant. Raja Mohammad Anwar, Senior Advocate, instructed by Abdul Karim Sheikh, Advocate-on-Record—For Responde......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......Asghar. It could not, therefore, be said that a new circumstance was made to appear which justified the pass­ing of a contradictory order". 15. We fail to see why the rule laid down in Farid Vs. Ghulam Hussain and others which must have been brought to the notice of the learned Judge was no......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

.... upon by the plain­tiff bank. In addition to the security bond the defendant also executed on that date a demand promissory note for the sum of Rs. 25000/- as further security. The respondent No. 3, Mohammad Islam, who is brother of respondent No. 1, stood surety for defendant No.1 and granted repa......ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......llate Jurisdiction (Civil) Present: Hamoodur Rah­man CJ Abdus Sattar J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repre­sented by his heir Sultamed and ors.................ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....n of any right or title of the true owner thereof i.e. defendant No. 2, his enjoyment would be solely in assertion of hostile title." 12. In the case of Abdul Kader vs. Noor Mohammad 36 DLR (AD) 261 this Court quoted with approval the following observation of Sanderson CJ......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ......nbsp;                   Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent  Judgment ......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......p;     Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants   Vs.   Madhumita Cinema Ltd., Comilla and ors……..…&hell......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......d. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…………………………….……..Respondents J......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ..

Category: Family Law | Date: | Hits: 192

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

.... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ......r………..…Petitioner                         Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, ...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

Category: Criminal Law | Date: | Hits: 58

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....anuary, 1997 accepted the Reference and dismissed the appeals confirming the capital punishment.   2. The short fact leading to this petition is, that on 18-4-1990 PW 9 Molla Mohammad Shahjahan received a telephonic message at about 3-30 PM from PW 5 Tajul Islam that decea......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J   Giasuddin and another…… Petitioners   Vs.   State…………………….R......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....ub-inspector of police may be awarded the same punishment by a superintendent of police………………..(12)  Lawyers Involved:   AJ Mohammad Ali, Additional Attorney-General (Feroz Shah, Assistant Attorney-General with him instruct...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......nbsp;                Government of Bangladesh and others. .........................Appellant   Vs.   Md. Sharfuddin Mollah...................Respondent   Ju...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....e a person may be called by the court to give his testimony as to matters which is not seriously contentious or dispute in kind or nature………………………(27) Lawyers Involved: A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on- Record— For the A...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Ruhul Amin J KM Hasan J Director, Housing and Building Research Institute........Appellant Vs. Darus-Salam Co-operative Housing Society Ltd. and others........Respondent Judgment ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....tion No.701 of 1987 declaring the impugned judgment dated 27-8-1987 passed by the Court of Settlement in Case No. 47 of 1987 and inclusion of the petitioner’s House No. 22, Tinshed, Block-D, Mohammadpur Housing Estate, Dhaka in the Kha’ list of abandoned building published in the Ban......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......   Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs.   Bibi Marium and other.......................................................ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....ay of transfer, the High Court Division also cannot exercise such power……(10)    Case Referred to-   Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112.   Lawyers Involved-   Mahm......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner   Vs.   SM Fariduddin ..................................................................Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....ion 106 of the Transfer of Property, Exhibit 2 having been issued on 18-1-1974 terminating the tenancy with the expiry of 28th day of February 1974 is legal and valid.”   5. Mr. Mostafa Niaz Mohammad, the learned Advocate for the Appellant, has submitted that in view of the covenant in Exhi......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......min Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Md. Fazlul Karim J   Santosh Kumar Das .............. Appellant   Vs.   Hajee Badiur Rahman......................Respondent   Judgment   October......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ppellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Hyundai Corporation...............Petitioner Vs. Sumikin Bussan Corporation & others...........................Respondents Judgment ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130