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Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....zzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Gazipur & oth­ers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, repre......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......s.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35......rdingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....l Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 49 of 1984. (From the judgment and order dated 16-1-84 passed by the High Court Division, Rangpur Bench, in Civil Revision No.121 of 1983.) Judgment Shahabuddin Ahmed J.— Tenant-defendant of an ejectment suit has file......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......terfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) Case Referred to- Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131. Lawyers Involved- K.Z. Alam, advocate instructed by Md. Aftab Hossain, Advocate-on......e 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..

Category: Tenancy Law | Date: | Hits: 159

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The appeal is allowed. Cases Referred to- Nuruzzaman Chowdhury Vs. S......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......an Chowdhury Vs. Secretary, Education Deptt. 17 DLR (1965) p. 46; Osmania Glass Factory Vs. Assistant Collector of Customs, 19 DLR (1967) p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. Nati......sion for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Nizam Hazari Vs. State, 2004, 33 CLC (AD)

.... CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Hazari..............................Petitioner Vs. The State...............................Respondent Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allo......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......nd as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..

Category: Criminal Law | Date: | Hits: 53

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

.... Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Result: The review petition is dis­missed. Lawyers Involved: H.R. Sharif, Advocat...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......he petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..

Category: Property Law | Date: | Hits: 67

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

.... Mahmudul Amin Coudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Khoka Mollah ..................Appellant Vs. The State..............................Respondent Judgment May 20, 2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act N......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ...... conviction and sentenced can be quashed under section  561A of the Code of Criminal Procedure.........................(5) Cases Referred to- Shar Ali (Md) and others Vs. The State, 46 DLR (AD) 67; Alamgir Hossain Vs. The State 46 DLR (HC) page 630; Lawyers Involved: Md. Nowab Ali, ......ts in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..

Category: Criminal Law | Date: | Hits: 47

BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)

....terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87....... Nizamul Huq and A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87....... accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...

Category: Constitutional Law | Date: | Hits: 233

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

....ynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidull......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ...... In view of the above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......cordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..

Category: Election Law | Date: | Hits: 159

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

....Hussain J Delowar Hossain Mollah and others....Appellants  Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it rela...... from any illegality or infirmity for our interference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(17) Cases Referred to- Bangladesh Vs. Md. Azizur Rahman 46 DLR AD 19; Ram Krishna Dalrnia and others Vs. S.R. Tendolkar and others 1958 S.C. Appeals 754; 16 BLD (AD) 76. Lawyers Involved: Abdul Wadud Bhuiyan Senior Advocate, instructed by Md. Nawab Ali, A......rference.  In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..

Category: Employment/Service Law | Date: | Hits: 133

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....ip;…………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184.......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......ompany Limited and another…………........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by Abu Sams Kh...... We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)

....ir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Respondents Judgment June 20, 2006. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. Commercial T......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......n Mahajan & another............Respondents Judgment June 20, 2006. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. Commercial Trust of Bangladesh Ltd. 46 DLR (AD) 89; Ali Ahmed and others vs. Government of Bangladesh and others 55 DLR (AD) 92; Abul Basher an......s above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..

Category: Property Law | Date: | Hits: 32

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....ople’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mo......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ...... August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another, 3 BLD 168; Md. Delwar Hossain Vs. The State, 26 BLD(AD) 109; H.V. Kamath V A. Ishaque (1955) 1 SCR 1194 (1126). Lawyers Involved: Abdur Rob Cho......nd observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..

Category: Civil Law | Date: | Hits: 125

Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)

.... J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Involved: Ismail Miah, Advocate (appeared with the leave of the Court) instruct......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ...... that the similarity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......sed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..

Category: Intellectual Property Law | Date: | Hits: 231

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....owdhury J Md. Abdur Rahman……………………………………………..Appellant Vs. Government of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: The appeal is dismissed. Cases Referred To- Bangladesh Vs. Shafiuddin Ah......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......ent of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: The appeal is dismissed. Cases Referred To- Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105 = 13 DLR (SC) 100; Province of West Paki......nt. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..

Category: Administrative Law | Date: | Hits: 136

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

.... Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Huque ……………………………………Petitioner (In Criminal Petition No. 262 of 2004) Q.Z. Abedin…………………………………Petitioner (In Criminal Petition ......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......eous cases are quite premature and, therefore, the High Court Division cannot interfere with such cases at this stage……….(5) Cases Referred To- Bangladesh vs. Tan Khong Hock 31 DLR (AD) 69; Syed Mohammad Hashem alias Hashim vs. State 48 DLR (AD) 87; N. Mahmud vs. N. Ahmed, 36 DLR(......call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..

Category: Anti-Corruption Laws | Date: | Hits: 152

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....AD)(2008)5. ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......azmi Kanta Roy vs. Upazila Nirbahi Officer and another 46 DLR 136; ADC (Revenue), Dhaka Vs. Md. Mostafa Ali Mridha and others, 48 DLR 193; Artoti Rani Paul Vs. Sudarshan Kumar Paul and others, 56 DLR (AD) 11; M.M. Ispahani Vs. Deputy Custodian, 20 DLR 493; Haji SK. Md. Lutfur Rahman Vs. Chairman, Co......mply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..

Category: Property Law | Date: | Hits: 40

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

.... Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 189......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......t which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed……………..(16......f the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..

Category: Criminal Law | Date: | Hits: 67

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

.... Abdul Kader Mirza and others..........................Appellants  Vs.  Bangladesh and others………………………………....Respondents  Judgment  December 9, 2007. Result: Civil Appeal Nos. 143 and 144 of 2004 are dismissed and Civil Appeal No. 145 of ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......gly, dismissed and the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......ordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ..

Category: Criminal Law | Date: | Hits: 59

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

.... (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J BADC and another…………Appellants Vs. Md. Shamsul Haque Mazumder and 27 others.................Respondents Judgment May 27, 2008. BADC Service Regulations, 1......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......ily without any application of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......egal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....ople's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku............Respondent Judgment May 20, 2008. Result: The appeal is allowed. I......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- MA Hai vs. TCB 40 DLR (AD) 206; Nesar Ahmed vs. Bangladesh, 49 DLR (AD) 111; Commissioner of Income Tax vs. Bhupen Champa...... the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97