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Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... (AD) (2009) 86. ......lved: TH Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant, (In Civil Appeal No. 184 of 2005). Munsur Habib, Additional Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record —For the Appellant, (In Civil Ap..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ty of the charge framed under section 27(1) of the Anti-Corruption Act, 2004 and section 109 of the Penal Code, 1860. 7. The short facts in Criminal Appeal No. 6 of 2008 are that on 22-3-2007 the Deputy Director, Anti-Corruption Commission being informant lodged an first information report w......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both cases). Fida M. Kamal, Attorney General (Syed Haider Ali, Deputy Attorney General and Zahurul Islam, Mukul, Deputy Attorney General with him) instructed by S......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he......1; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both cases). Fida M. Kamal, Attorney General (Syed Haider Ali, Deputy Attorney General and Zahurul Islam, Mukul, Deputy Attorney General..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....preme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involve......ant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assistant Attorney General, with him) instructed by Ahsanullah Patwary..Category: Criminal Law | Date: | Hits: 71
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. .......................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: ...... for leave to appeal joined as Engineer and Ship Surveyor in Grade-II, that Chief Engineer and Ship Surveyor of Department of Shipping went on leave preparatory to retirement and thereupon Director General of Department of Shipping made recommendation for giving current charge of the ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi...... Petitioner (In Civil Petition No. 620 of 2003). Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner (In Civil Petition Nos. 214-218 of 2003). A. F. Hassan Arif, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent (In Civil Appeal Nos...Category: Fiscal/Taxation Law | Date: | Hits: 107
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....Islam J Kazi Muhammad Khokon…………………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of t...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......;…………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka an...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
.... Ali................Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record— For the Appellants. ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Amirul K Chowdhury J Md. Joynul Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment..........Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record— For the Appellants. AKM Shahi..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....s also void and illegal contending, inter alia, that he joined Rupali Bank, the defendant No.1/respondent, on 23-10-1973 as probationary officer and by dint of merit he was promoted to the rank of Deputy General Manager; because of his outstanding performance and due to his rapid promotion......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......oid and illegal contending, inter alia, that he joined Rupali Bank, the defendant No.1/respondent, on 23-10-1973 as probationary officer and by dint of merit he was promoted to the rank of Deputy General Manager; because of his outstanding performance and due to his rapid promotions he bec..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....m) instructed by Md. Nawab Ali, Advocate-on-Record and Syed Mahbubur Rahman, Advocate-on-Record as per Power of Attorney— For the Appellants. (In Civil Appeal No. 40 of 2000). Syeda Afsar Jahan, Deputy Attorney-General instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Appellants (I......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a...... Md. Nawab Ali, Advocate-on-Record and Syed Mahbubur Rahman, Advocate-on-Record as per Power of Attorney— For the Appellants. (In Civil Appeal No. 40 of 2000). Syeda Afsar Jahan, Deputy Attorney-General instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Appellants (In Civil Appeal N..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....r admitting therein girls without any fees in Class VI to X in violation of the norms of the non-government educational institutions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board for according permission to star...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ......1999 through leaflets and notifications; the High School started admitting girl students in spite of the fact that the school is exclusively a boys School and, in that state of the matter, Director General of Secondary and Higher Secondary Education Board by the Memo dated June 6, 2001 directed ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
..... 2. The facts, in short, are that the respondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers In......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ection but the objection goes to the root of the matter and as such the objection must be given effect to. In support of this contention he has referred to a decision of the Privy Council in Attorney-General of the Colony of Fiji Vs. JP Bayly Ltd., 54 CWN 435. 9. There are two technical objection..Category: Property Law | Date: | Hits: 38
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....gh Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Respondent (State......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......) (1990) 284 ......n fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Respondent (State). Criminal A..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....yal, AIR 1968 SC 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director D......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....has undertaken various steps to alleviate social injustice; the Ministry, Local Government and Rural Development i.e. LGRD, the Ministry of Health and Family Welfare, Dr. AZM Iftekhar Hussain, the Deputy Programme Manager Arsenic of the Ministry of Health, the Chief Engineer, Department of......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2...... 12 of the Covenant, the UN Committee on Economic, Social and Cultural Rights has specifically interpreted the right to health as including the right to access to safe and potable water and in its General Comment No.14 on Right to Health (2000) at para 11 it has been provided as follows: ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to A......for leave to appeal, joined as Engineer and Ship Surveyor in Grade-II, that Chief Engineer and Ship Surveyor of Department of Shipping went on leave preparatory to retirement and thereupon Director General of Department of Shipping made recommendation for giving current charge of the Chief Engine..Category: Employment/Service Law | Date: | Hits: 76
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....lector of Customs AIR 1959 Calcutta 533; Palrwala Brothers Ltd. Vs. Collector of Customs AIR 1958 Calcutta 232. Lawyers Involved: K.A. Bakr, Attorney-General with Sultan Hossain Khan, Deputy Attorney-General, instructed by A. W. Malik, Advocate-on-Record—For the Appellants. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......hmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment June 29, 1977. ......rred to: Bal Kissan Vs. Collector of Customs AIR 1959 Calcutta 533; Palrwala Brothers Ltd. Vs. Collector of Customs AIR 1958 Calcutta 232. Lawyers Involved: K.A. Bakr, Attorney-General with Sultan Hossain Khan, Deputy Attorney-General, instructed by A. W. Malik, Advocate-on-R..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respondent (Sta......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......R 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respondent (State). Criminal..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
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