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Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....nue on bail dur­ing the trial also. The appeal is therefore allowed. 8. Let the appellants Ashraf Ali, Korban Ali, Nurul Islam and Lokman Hossain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......1, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting ...... bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instruct­ed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for ..

Category: Criminal Law | Date: | Hits: 63

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....ve given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secretary, Secretary and the Minister concerned stating that par­tial withd......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......desh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Asaduzzaman Kha..

Category: Criminal Law | Date: | Hits: 43

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

.... Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Pan......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......Case is also Reported in: 31 DLR (AD) (1979) 127.......hingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Panday, Advocate-on..

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

.... S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, A......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......d in: 31 DLR (AD) (1979) 112. ......utta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R......ed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-Record - For the Respondent No.8. B. B. Roy Chowdh..

Category: Criminal Law | Date: | Hits: 39

Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)

....er….…….Respondents Judgment November 22, 1978. Lawyers Involved: M.G. Rabbani, Advocate, instructed by D.C. Panday, Advocate-on-Record - For the Appellants. Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record - For Respondent No.2. Not...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......ported in: 31 DLR (AD) (1979) 87. ......pondents Judgment November 22, 1978. Lawyers Involved: M.G. Rabbani, Advocate, instructed by D.C. Panday, Advocate-on-Record - For the Appellants. Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record - For Respondent No.2. Not represented - R..

Category: Others | Date: | Hits: 84

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....cus­tody; and the Sessions Judge, Khulna also rejected his prayer for bail. Thereafter, A.T. Mridha and his employees moved the High Court with two revisions applications. Rules were issued upon the Deputy Com­missioner, Khulna to show cause why the original proceeding started against the peti­ti......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44...... PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 DLR (SC) 369. Lawyers Involved: K.A., Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney-General Instructed by B. Hossain, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Judgment March 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, Advo......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......ion, Government of Bangladesh & others……………Respondents Judgment March 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, wi......ch 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, Advo­cate-on-Record..

Category: Employment/Service Law | Date: | Hits: 72

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

.... J Controller of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advocate-on-Record - For the Appellant. Alt......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......e is also Reported in: 31 DLR (AD) (1979) 60. ......r of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advocate-on-Record - For the Appellant. Altaf Hossain, Advo..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....i, AIR 1953 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the Appel­lant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the Appel­lant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-R..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

....wn, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by M. JR. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......is Case is also Reported in: 31 DLR (AD) (1979) 37. ......R (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by M. JR. Khan, Advocate-o..

Category: Criminal Law | Date: | Hits: 41

Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)

....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Ad­vocate instructed by......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....Department, but in the absence of necessary fund made available by the requiring body, namely Dacca Improvement Trust no positive step could be taken. The Legal Remembrancer instructed the Additional Deputy Commissioner, Dacca to re­quest the requiring body for arranging neces­sary fund. Ultimatel......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......l is dismissed. Case Referred to- Superintendent of Cen­tral Excise, Lyallpur Vs. Ch, Fakir Muham­mad (1958)10 DLR (SC) 168. Lawyers Involved: Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the R..

Category: Procedural Law | Date: | Hits: 101

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....led up ditch and started living there with his family members and built up a restaurant and carrying on restaurant business; that the settlement case had been duly approved on 4.11.1964 by the then Deputy Commissioner (Revenue), Bakerganj; that the Settlement Case No.479 of 1960 had been destroy...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....ent August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by M.Zahirul Islam, Advocate-on-Record- For the Petitioners ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. .............................................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney Gene......t 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by M.Zahirul Islam, Advocate-on-Record- For the Petitioners Farooq Ahmed..

Category: Administrative Law | Date: | Hits: 111

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. .............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..

Category: Administrative Law | Date: | Hits: 92

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... and another AIR I960, Calcutta, 309. Ananta Kumar Bepari vs. Jamini Mohan Das and others 4 DLR, 487. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex pa...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ...... I960, Calcutta, 309. Ananta Kumar Bepari vs. Jamini Mohan Das and others 4 DLR, 487. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respond..

Category: Property Law | Date: | Hits: 38

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....laration that he is entitled to get all the financial benefits for the period from the date of his retirement up to the joining his duties. 3. The appellant's case was that while serving as Deputy General Manager of Sonali Bank, he was retired from service by an order dated 13-12-1993 und......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......bsp;           Md Fazlul Karim J  Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment          &......ne 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Record—For the Appellant. Abdur Razaque Khan, Additional Attorney-General, instructed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not r..

Category: Administrative Law | Date: | Hits: 103

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....8. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. MA Rouf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Responden......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat......s Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. MA Rouf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Crimin..

Category: Criminal Law | Date: | Hits: 34

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

.... report and in recognition of the respondent's first class academic record and active involvement in the liberation movement of Bangladesh in the year 1971 the respondent was at last appointed as a Deputy Secretary to the Government of Bangladesh on 25th June, 193J9 with effect from 16th December......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200............ Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, Advocate-on- Record— For the Appellant. TH Khan, S..

Category: Employment/Service Law | Date: | Hits: 69