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Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......retary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar Ansari………...Respondent. Judgment April 9, 2005. Result: The review petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney Genera..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....date of receipt of this Judgment to be effective from 9‑12-­2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602.       ......petitioner and thereby removed his name from the Notary register. It is contended that the cancellation is ex facie arbitrary, discriminatory and malafide. The petitioner also filed an application to review the decision of the authority but without any result. It has been contended that no show caus..

Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....amal Hossain in the case of Baradakanta Vs. Registrar, Orissa High Court reported AIR 1974 (SC) 710 that Justice Palekar J: (For himself and on behalf of AN Ray, CJ and YV Chandrachand, J) held: that Judicial administration is an integrated function of the Judge and cannot suffer any dissection so f...... conditions of judicial independency for purposes of section 11(d) of the Charter. The essentials of such security are that a Judge be removed only for cause, and that cause be subject to independent review and determination by a process at which the Judge affected is afforded a full opportunity to ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ...... whether the appellate authorities below including the Taxes Appellate Tribunal, Chittagong Bench is justified in maintaining estimate of family expenditures at Taka 90,000 during the year under review? " 9. Mr. Shah Khashruzzaman, the learned Advocate appearing for the assessee appli..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......hich he sent reply pleading innocence. Ultimately the impugned order dated 03.08.1994 was passed illegally imposing upon him penalty of reduction to lower time scale for three years. He then filed review petition against the order which was rejected by the Hon'ble President on 12.07.1995.  ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ...... the Bengali text and will lead one to read opposite intention. Section 16 of the Act also does not appear to carry actual intention of the legislature. Unless the English text be urgently thoroughly reviewed, corrected and updated with the Bengali text of the Act whole purpose of such English text ..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)

....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..

Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......strator of Waqfs, issued notice under section 64(1) of the Waqf Ordinance, 1962 and on 30‑6‑86 defendant No. 4 passed order for eviction of the plaintiffs. The plaintiffs filed an application for review of the order which was rejected on 11‑6‑87 by defendant No. 4 leading to the institution ..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

.... thereto and the further submission that the High Court Division ought to have discussed the elaborate evidence relating to the topic Of custody of the basic  documents but has not applied its Judicial mind in this regard, and the further submission that the High Court Division it appears tr......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost.  Ed. ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Mukul Vs. State, 2004, 33 CLC (AD)

.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed.  Ed. ......p;  Judgment July 10, 2004.  The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record..

Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ......9 of the Code of Civil Procedure for re‑admission of the appeal. 18. Some High Courts of the Sub‑continent were however of the view that against such order rejecting a memorandum of appeal a review under Order XLVII of the Code of Civil Procedure might be available. 19. In District PE ..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......ladesh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128