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Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... 11) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossain, Advocate-on- Record. (In all the appeals) — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Md Sajjadul Huq, Advocate-on-Record. (In......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....1’ respectively in writ-petition, communicated to him under the signature of respondent No. 4, the Senior Marketing Officer of BFDC. By Annexure ‘F’ the petitioner was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground th...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
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......and it appears that they were not also well-digested. The Indian view of “subjective satisfaction” is materially different from the view that we have been following in this Court and a note of caution was given in the case of Sajeda Parvin which the learned Judge does not seem to be..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 ......y not be entertained to circumvent a statutory procedure. There are, however exceptions to the rule. Without attempting an exhaustive enumeration of all possible extraordinary situations we may note a few of them. In spite of an alternative statutory remedy, an aggrieved person may take reco..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
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Rec......d both oral and documentary the learned Single Judge of the High Court Division held that the document is an out and out sale deed. The learned Single Judge of the High Court Division wrongly took note of sections 54 and 55 of the Transfer of Property Act. Section 54 of the Transfer of Property ..Category: Property Law | Date: | Hits: 64
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......the requisite notice he will need recommendation of the directors for his eligibility for election. 3. I am unable to agree that the word recommendation’ occurring in the Article connotes mere scrutiny without any authority to choose. I take the simple dictionary meaning of the wo..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......ven also to the Senior Assistant Judges and the Assistant Judges of the judicial service of the Republic. 4. An affidavit-in-opposition was filed on behalf of the present appellant who as already noted, was respondent No. 3 in the writ petition, but no affidavit - in -opposition was filed by the..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
....rd — For the Appellant.
Rokonuddin Mahmud, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1.
Not represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
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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
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