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Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....59 of 1995 with Jail Appeal No. 91 of 1996, dismissing the same and thereby affirming the judgment and order dated 15-10-95 passed by Special Tribunal No.4 and Additional Sessions Judge, 3rd Court, Dhaka in Special Tribunal Case No. 433 of 1992 arising out of Demra PS Case No. 9 (1) 92, convicti......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. &......a Kamal J Latifur Rahman J Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. State…………………........rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..Category: Criminal Law | Date: | Hits: 54
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....he petitioners filed the above mentioned writ petitions contending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1964, the Deputy Commissioner, Dhaka was bound to start a fresh requisition and acquisition proceeding under the provisions of the......l) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. ......sp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......dvocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). ......sp; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
.... Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 4591 of 1995). Judgment AT...... an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on polygamy in Islam and recommendation thereon as recorded in the impugned judgment should be taken to be deleted lest ...... J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Elias (Md)………… …………………..Petitioner Vs. Jesmin Sultana……………………...Respond......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ed by the officers of BSRS in sanctioning and installing the Automatic Rice Mills Ltd. 5. In the meanwhile, the appellant— instituted Miscellaneous Case No.260 of 1997 in Artha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain proper...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. (From the Judgment and Order dated 23-6-94 passed by the High Court Division in Writ Petition No. 1617/91 (Dhaka)/Writ Petition No. 42 of 1988 (Chittagong) and Writ Petition No. 1454 of 1991 (Dhaka)/Writ P......bsp; General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents Judgment February 14, 1...... General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others …………......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....s Judge, under sections 370/324/326/379/323/109, etc of the Penal Code on the allegations, inter alia, that the informant Mahbub Shukur and his elder brother Belal Hossain, a practicing Advocate of Dhaka District Judges’ Court and both residents of Dhaka were returning to Dhaka from their v......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners Vs. Belal Hossain, Advocate and others………………&hel......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....harifuddin Chaklader Advocate-on-Record— For the Respondent. Civil Appeal No. 23 of 1996. (From the Judgment and Order dated 25 July, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 44 of 1986). Judgment Md. Abd...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judg......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....n Civil Order No. 1629 of 1993). Judgment Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the aforesaid Judgment and ......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ......sp; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Re......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....li, Advocate-on-Record— For the Respondent. Civil Petition For Leave to Appeal No. 252 of 1995. (From judgment and order dated 14 March 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1076 of 1990). Judgment &......ip;…………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ......l Hossain……………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....r the accident and, as such, the defendants are liable for the damage. He also held that although in Marine Court Case instituted under the Inland Shipping Ordinance, 1976 a Magistrate, 1st Class, Dhaka by Judgment and order dated 4-7-88 found that the prosecution failed to prove the case beyond......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respon......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....bsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners ......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli......; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment &n...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 555 of 1996. (From the judgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Judgment ATM Afzal CJ.- Th......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner &nbs......bsp; Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner Vs. Nuruzzaman Khan Brothers……………….. Respondent......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... of the respondent Bank was in serious dispute. The respondent, in the meantime, instituted Miscellaneous Case No. 260 of 1992 under article 33 of the BSRS Order before the Second Artha Rin Adalat, Dhaka claiming the same amount loan as principal amount of Taka 3,111 million with accrued interes......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ...... Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha…………………...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....thority. 2. The genesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Deputy Commissioner, Dhaka, in exercise of his power under the East Bengal (Emergency) Requisition of Property Act. 194......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......ur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....as a practicing Advocate of the Supreme Court of Bangladesh till his death on the 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease date......sp; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......nbsp; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed Chand Sultana and others ……………….Respond...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....ssembled whereupon the accused persons left. The injured were taken to Brahmanbaria hospital in a mechanised boat and seeing the condition of Rafiqul Islam critical doctors advised to shift him to Dhaka Medical College Hospital and on the way he died. It was further alleged in the FIR that the......nbsp; Abdur Rouf and others... ……………….Accused-Petitioners Vs. ......sp; Abdur Rouf and others... ……………….Accused-Petitioners Vs. Jalaluddin and another... ……………….Respondents ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....he judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate Judge, Dhaka on the allegations, inter alia, that the respondents published a tender notice for sale of th......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and anot......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....-respondent No.1, Anwar Ahmed Khan filed the aforesaid writ petition claiming himself as one f the sons of late. Afaq Ahmed Khan the original lessee of Plot No.16 and 16/1, Road No.6, Dhanmondi RA, Dhaka. But in the affidavit, sworn in support thereto by one Md. Mosharaf Hossain Son of Late Md. ......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
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