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Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....r is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others........in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 94

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

..........................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General in......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....urt, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab Ali, Advocate-on-Record-For the Petitioner. AY Mashiuzzaman, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......t by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore appointed the appellant to sink 3 tube-wells, one at Shibnager Hindu Para, one at Baliadanga Shaikh para and one at Chanchra Mat Para, at cost of Rs, 800/- each. It was stipulated that 1¼" pip......ase is also Reported in: 25 DLR (SC) (1973) 102 ......certified by 2 mem­bers of the said Union Council and the Chair­man of the Council made payment of Rs. 2,400/-. Subsequently on the basis of compl­aint filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sink­ing the tube-wells was not properly done and the money had bee..

Category: Criminal Law | Date: | Hits: 84

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

....aper Mills Limited Vs. Karnaphuly Paper Mills Workers' Union and others reported in (1961) 13 DLR (SC) 160—P.L.D. 1961 (S.C.) 329, lent support to the contention of the appellant. 5. Mr. Asrarul Hossain appearing for the appellant challenged the findings of the Indus­trial Court and the High C...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......5. ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....lty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (1957) 9 DLR (SC) 47. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Md. Anis, Advocate with him) instructed by Md. M. R. Khan, Advocate-on-Re......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... (1973) 80. ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..

Category: Employment/Service Law | Date: | Hits: 96

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....Settlement Commissioner Rawalpindi PLD 1963 Lah. 88; Syed Hider Shah vs. Mukhtar Hussain Shah and others PLD 1963 Lah. 548. Lawyers Involved: Aftab Hussain, Senior Advocate, instructed by Wajid Hossain, Advocate on Record—For the Appellant. Abdul Mannan Advocate, instructed by Tanvir Ahme......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ...... (Civil) Present: Hamoodur Rahman CJ Waheeduddin Ahmed J Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appel­lant. Vs. Mr. Muzaffar Khan deceased represen­ted by Mst. Habiba Khanum and other legal  &nb......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

....orporation of India and another vs. Yadav Engineer and Contractor, (1982) 2 Supreme Court Cases 25. State of Uttar Pradesh vs. Janaki Saran, AIR 1973 SC 2071. Muhammad Idris and others vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs.  Eric Lancaster Stump of Singapore, 1 PL...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......ivil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respon...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

.... Ghaznavi vs Allahabad Bank Ltd AIR 1917 Calcutta 44; Surinder Kumar and others vs Gian Chand and others AIR 1957 (SC) 875.   Lawyers Involved: Md. Amir Hossain, Advocate-on-Record —For Appellants.   NH Khandker, Advocate......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......p;     Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants   Vs.   Madhumita Cinema Ltd., Comilla and ors……..…&hell......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....nuddin Mahmud, Senior Advocate (MA Tariq, Advocate with him), instructed by SU Chaklader, Advocate-on-Record—For the Appellants (In both the cases) Hasan Ariff, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1(In both the cases) Ex-Parte—Respondent Nos. 2......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ...... Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh Biman Corporation & others …………Appellant Vs. Md. Yousuf Haroon & others ………….Respondents Judgment May 22, 2000. Resu......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....ending circumstances of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8)   Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved:   Sadat Ali Khan, Advocate, ins...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ......bsp;                        Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents  Judgment   ...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)

.... Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy Attorney-General with him) instructed by Khatun Advocate-on-Record—For the Petitioner   Khandker Mahbub Hossain, Senior Advocate, is instructed by Mvi Md Wahidullah, Advocate-on-Record- For Respondent No......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ......p;                      Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents  Judgment &nb......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ..

Category: Criminal Law | Date: | Hits: 66

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....the case cannot by itself be a ground to commute the sentence….(14)    Lawyers Involved:   Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners.   Not Represented&mdas......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J   Giasuddin and another…… Petitioners   Vs.   State…………………….R......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....l Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record— For the Appellant.   Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record— For the Respondent No. 1.   Not represented&m......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......uhul Amin J    Hiran Chandra Dey and anothers ……………………………..Appellants Vs. Md. Abdul Quyum and others…………………&hel......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....stice demands that it must be filed at the earliest opportunity……… (6)   Lawyers Involved-   Abdul Quayum Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner   Md. Nawab Ali, Advocate-on...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... Kazi Ebadul Hoque J               Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur RahmanMadbar and others…….……&hell...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ..

Category: Property Law | Date: | Hits: 49

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....J Mohammad Ali, Additional Attorney-General (Feroz Shah, Assistant Attorney-General with him instructed by Mvi Md Wahidullah, Advocate-on-Record for the Appellants   Md. Aftab Hossain, Advocate-on-Record— For the Respondent.   Civil Appeal No. 73 of ...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......nbsp;                Government of Bangladesh and others. .........................Appellant   Vs.   Md. Sharfuddin Mollah...................Respondent   Ju...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... as to matters which is not seriously contentious or dispute in kind or nature………………………(27) Lawyers Involved: A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on- Record— For the Appellant (In Civil Appeal Bo. 39 of 1999). Rokanuddin M...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Ruhul Amin J KM Hasan J Director, Housing and Building Research Institute........Appellant Vs. Darus-Salam Co-operative Housing Society Ltd. and others........Respondent Judgment ......who are the members of the Society, of the land of the Society. 11. The Rule was opposed by filing affidavit- in-opposition by the respondent No. 5, the Executive Engineer, Public Works Division, Mirpur, Dhaka. The said respondent stated, inter alia, that although the Society on incorrect repres..

Category: Property Law | Date: | Hits: 54

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....sp;                              Delower Hossain Khan .............................Petitioners   Vs.   ......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......;                 Delower Hossain Khan .............................Petitioners   Vs.   State....................................................... Responden......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....id house from the list of abandoned building. The fact relevant for disposal of this petition is that one Abul Hashem predecessor of the petitioner got possession of the house from his vendor Abul Hossain, the original owner of the house who duly mutated his name with the Government, Municipalit......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......   Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs.   Bibi Marium and other.......................................................ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

.... Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellants.   Rokanuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents.   Civil Appeal Nos. 225 ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner   Vs.   SM Fariduddin ..................................................................Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57