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Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......ed Counsel and Mr. Abdur Razzaque, learned Counsel, appeared for them respectively and reiterated the averments as mentioned above. 21. Copy of the Rule was served upon the learned Attorney-General. Pursuant thereto Mr. AJ Mohammad Ali, learned Attorney-General, also addressed the Court i..

Category: Election Law | Date: | Hits: 108

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ed in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For the Appellants. Md. Abdul ..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......e advancement of technology in the field of 'telegraphy', subsequently the Wireless Telegraphy Act, 1933 was promulgated to regulate the possession of wireless telegraphy apparatus and authorised the Director General, Bangladesh Post Office or officer authorised by him to issue licence to possess wi......ida M Kamal, Senior Advocate, (MA Azim Khair, Advocate with him), instructed by Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun, Advocate-on-R..

Category: Information Technology Law | Date: | Hits: 266

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......ourt for giving reasonable opportunity to the appellant to contest the suit……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shahidul Huq, Advocate-on-Record— For the Appellants. Abdu..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......oners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represen..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawa..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......Corruption Officer (Task Force No. 1), Anti-Corruption Bureau, Bangladesh, Dhaka with the Ramna PS alleging, inter alia, that Md Nasim, former Minister for Post and Telecommunication and MAHS Rahman, Director Consociates Ltd, in collusion with each other by misusing their powers and in order to awar......the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ...... the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21)  Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Ad..

Category: Criminal Law | Date: | Hits: 67

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......essel AL-Sara sailed for Chittagong port from Penag with cargo for Chittagong, Colombo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 fo......y operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate with him), instructed by B Hossain, Advocate-on-Record—For t..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ion of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioner. Respondents—Not Rep..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......oresaid civil petition, it would have been crystal clear that the above physical verification was not carried out in presence of the petitioner and so the submission made by the Additional Attorney-General to the effect that on physical verification of the imported goods in the presence of the p..

Category: Business or Commercial Law | Date: | Hits: 88

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......n of law and the materials on law was fully justified in allowing the appeal……………..(7)  Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahidullah,Advocate-on-Record— For the Petitioners. Hu..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... Schedule Police-officer Authority Appellate Authority 1 2 3 1 Inspector Inspector-General of Police. Government 2 Sub-Inspector, Assistant Sub- ..

Category: Criminal Law | Date: | Hits: 78

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ted 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999 allowing the appeal by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation Project, the Bureau of Anti-Corruption on 16-11-1994 l......ip;…..(10) Lawyers Involved: Tabarak Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Fida M Kamal, Additional Attorney-General (Karuna May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate..

Category: Administrative Law | Date: | Hits: 128

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......s of the Parishads, who were in fact officers and employees of the Government but were "deemed to be on deputation to the Parishads" have been reverted to their respective Ministries, Departments and Directorates and are now working directly under their immediate superiors posted at the District Hea......all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Lax..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......_______________________________________________________________________________________________________________3. It was stated in the application that the judgment‑debtor No. 2 was formerly a Director of the UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 124

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ........................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilkley Local Bo..

Category: Criminal Law | Date: | Hits: 141

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..

Category: Alternative Dispute Resolution | Date: | Hits: 202