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Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....ot represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1997) Judgment: ATM......ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ........foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....gh court Division reversed the decision of the trial Court and dismissed the suit. Reliance was placed on the following passage from the decision in Miser Ali vs. Abdul Rashid and others in 5 DLR (Dhaka) 490: “I must say at the very outset that the learned Munsif should n......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 1995). Judgment: &nbs......ry J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ...... Latifur Rahman J Md. Abdur Rauf J BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …&...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
.... Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 1992). Judgment &n...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………&helli......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....sy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate Tribunal in Misc. Appeal No, 3 of 1995 by the Administrative Tribunal Dhaka in AT Case No. 310 of 1994 rejecting the petitioner’s prayer to stay operation of...... Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....spondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995). Judgment: &nb......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ......sp; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of 1986). Judgment: ...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ......ate………………………………………………………….. Appellant Vs. Golam Mostafa & ors……………………......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....bsp; Latifur Rahman J.- This appeal by the Government of Bangladesh-appellant is against the judgment and order passed by the Administrative Appellate Tribunal, Dhaka on 10-6-93 in Appeal No. 30 of 1992 setting aside the judgment and order passed by the Admini...... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……………………&......le’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ……………………&he...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ciation of Lawyers has been raising the legality of the FAP activities on all available occasions, especially as an invited panel speaker in the Second Conference on the Flood: Action Plan held at Dhaka in March 1992. BELA’s questioning of the legality of FAP and FPCO evoked derogatory remarks ......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood C......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....ented — For the Respondents. Civil Petition For Leave to Appeal No. 396 of 1996. (From the Judgment and order dated 25-6-1996 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 82 of 1994). Judgment ......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment ......nbsp; Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others…………&hell......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....esh, defendant No.5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the ju......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. Mashiur Rahman and others…………………&hell......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....ouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka……………………………&hellip...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip......ted by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………………………..Appellant Vs. AKM Yousuf Mia & others……………….Respondents&......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....vil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) Writ Petition No. 1950 of 1991 (Dhaka) and Writ Petition No.2 of 1989 (Comilla), Writ Petition No.1949 of 1991 (Dha......sh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………………….......y Choudhury J Bangladesh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………&h......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....or Respondent No. 2 (In all the petitions).
Criminal petition for Leave to Appeal Nos. 52 to 54 of 1998.
(From the judgment and order dated December 9, 1997 passed by the High Court Division, Dhaka in Criminal Reference Nos. 1-3 011997 respectively).
Judgment
ATM Afzal CJ.- These t...... J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Shinepukur Holdings Ltd. & others…………………………………………….Petitioners
Beximco Pharmaceuticals Ltd. and others……………………………………...Petitioners
AKM Shamsuddin …………â......aceuticals Ltd. and others……………………………………...Petitioners
AKM Shamsuddin ……………………………………………………………………….Petitioner
Vs.
Securities and Exchange Commission and another……………………….Respondents
J......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....ve to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petitioners are the plaintiffs in Title Suit No. 366 of 1991 pending before the Subordinate Judge, Fourth Court, Dhaka, which is for declaration of title. Upon an application by the plaintiffs for temporary injunc......rted in: 50 DLR (AD) (1998) 188. ......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Fazlul Karim Chowdhury and (Md) and others………………………..Petitioner Vs. Lutfunnessa Begum and others ……………………………………………….Responde......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....man J.- This petition by the plaintiff-petitioners is directed against the judgment and order dated 24-5-93 passed by a Division Bench of the High Court Division in Civil Revision No.7253 of 1991 (Dhaka) originally filed as Civil Revision No.663 of 1988 (Rangpur) discharging the Rule with modifi...... ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Sharashibala Sarkar and others…………………...Plaintiff-Petitioners Vs. Patani Sundari Dassaya and another……………..Defendant&nb......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....hellip;…………………………………………Appellant Vs. Commissioner of Taxes (East Zone) Dhaka……………………..Respondent Judg......nce, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracte...... Meghna Petroleum Limited…………………………………………………Appellant Vs. Commissioner of Taxes (East Zone) Dhaka………………...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....f 1997 filed by the defendant-respondents which arises out of Miscellaneous Case No. 1 of 1986, under Order XXXIX rule 2(3) of the Code of Civil Procedure, of the Second Court of Subordinate Judge, Dhaka, was heard by a Division Bench of the High Court Division in the absence of the petitioner (...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahidullah (Md) …………………Plaintiff-Petitioner Vs. Md. Yunus and others ……………….Respondents Judgment Nov...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahidullah (Md) …………………Plaintiff-Petitioner Vs. Md. Yunus and others ……………….Respondents ......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....gh Court Division passed in Criminal Miscellaneous Case No. 1505 of 1996 quashing the proceeding taken against respondent No. 1 in GR Case No. 1857 of 1994 of the Court of Metropolitan Magistrate, Dhaka, under sections 406/420 of the Penal Code arising out of Motijheel PS Case No. 4 dated 2-7-94......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another…………....Respondents Judgment November ......J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rafique (Md) ………………… Informant-Petitioner Vs. Syed Morshed Hossain and another…………....Respondents ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Niman Ali…………..Petitioner Vs. Ramizuddin and another…………..Respondents Judgment August 17, ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Niman Ali…………..Petitioner Vs. Ramizuddin and another…………..Respondents Judg......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
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