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Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....lant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......……………..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdial Singh, AIR 1980 (SC) 319; Dr. Nurul Islam Vs. Bangladesh, 33 D...... we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent peri...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......1966) 62 (68); Anwar Hossain Khan vs. Speaker Jatiya Sangsad, 47 DLR (1995) 42; Laurence Claude Levack, AIR 1954 (Mad) 898; Anwar Hossain vs. Bangladesh, 1989 BLD (Spl) I; AT Mridha Vs. State, 25 DLR (AD) 335; & Kudrat‑e‑Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319. Special Reference No.1 ......te agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
.... Rafique-ul-Huq, Sr Advocate, Kazi Shahadat Hossain & Shorful Islam Khan, Advocates with him), instructed by MW. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Respondent Nos. 1-2 & 4-10-Not represented. Petition for Leave to Appeal No. 237 of 1996. (From the Judgment......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ...... Cases Referred to- Khagendranath Nath vs. Umesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul ......ent, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....bul Hassan and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......san and others……………………….Respondents Judgment August 6, 1996. Result: The appeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DL......he above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....cause all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Kh......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocat......d on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ader, Advocate-on -Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocates-on-Record—Respondent No. 1. Not represented—Respondent Nos. 2-6. Appeal No. 28 of 1995. (From the judgment and order dated 19-1-95 passed by the High Cour......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ayetullah and others…………………….. Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin C...... also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....re) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD) 48; Muhammad Nawaz Vs. Mst. Khurshid Begum, PLD 1972 (SC) 302, at PP 304-305; Ghulam Nabi Vs. Muhammad Asghar, PLD 1991 (SC) 443; Kozhikoti Khadir Pall......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......443; Kozhikoti Khadir Palliveetil Mahamed Haji Vs. Moideen Veettil Kalimabi, 41 ILR (Madras) 211; Abdul Futter Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Tamizul Huq Vs. Shamsul Huq, 43 DLR (AD) 34; Adnan Afzal Vs. Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Mrs. Rabeya Bhuiyan......’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....h Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. Result: The appeals are allowed. The Bangladesh Shilpa Rin Sangstha Order, 1972 (...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......) 515; Federation of Pakistan vs Saeed Ahmed, PLD 1974 (SC) 151, Moon Light Silk Mills Ltd vs. Bangladesh Shilpa Bank, 38 DLR 438; New ideal Engineering Works Ltd vs. Bangladesh Shilpa Bank, 42 DLR (AD) 221; Uttara Jute Fibres vs. Ashraf Jute Mills, 44 DLR (AD) 452; Delwar Coil Foam Industries L...... the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury with him) instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent No. 1 Not represented—Respondent No. 2. Criminal Petition for Leave to Appeal Nos. 8, 9 and 10 of 1998. Judgment ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......rties so the magistrate acted without jurisdiction initiating proceeding under section 145 of the Code of Criminal Procedure. Case Referred To: Jobeda Khatun vs Momtaz Begum, 45 DLR (AD) 31. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, Asaduzzaman with ......ll the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....lip;…. Respondents Judgment March 1, 1998. The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never rece......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......…………………………(31 & 33) Cases Referred To: Abdul Latif Mirza, 31 DLR (AD) 1; Shiv Prasad vs. State of MP, AIR 1981 (SC) 870; M Mahmood vs. Bangladesh, 43 DLR 383; Baqi......Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....ip;………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. Respondent Judgment August 16, 2000. The Limitation Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......issed subject to the provisions of section 4 to 25……..(8) Cases referred to- Md. Abdus Sukkur vs. Chairman, National Board Revenue and others, 17 BLD (AD) 43; Bangladesh Bank vs. Mohammad Abdul Mannan, 46 DLR (AD) 1, Government of Bangladesh vs. Md.......dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....nother ………………Appellants Vs. Habib Zamil ……………………..Respondent Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Sec......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... is not ex facie void, writ petition is not maintainable…………………(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. ......de. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....azi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appe......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......in time his writ petition was not maintainable………(36) Cases Referred to- Collector of Customs, Chittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199; Mostafizur Rahman vs. Government of Bangladesh and others, 51 DLR (AD) 40; Collector of C......nt his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
.... Billal …………….Appellant Vs. State…………….. Respondent Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... irresistible conclusion that he abetted the murder of the victim…………………(12) Cases Referred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. State, 29 DLR (AD) 269. ......the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....hellip;……………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment February 13, 2000. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......able as the transaction was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appe...... majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....nbsp; August 8, 1999. The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......undamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Unio....... The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Artic......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......d water cannot mix, the judicial and civil administrative executive services are non-amalgamable. 42. We have held earlier in the case of Mujibur Rahman (Md.) vs. Government of Bangladesh, 44 DLR (AD) 111 Para 71, that both “the Supreme Court and the subordinate courts are the repository of ju...... its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....lip;…………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...Respondent Judgment February 29, 2000. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 5(5) The Code of Civil......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......r the referring to the provision of sub-section (5) section 5 of the Artha Rin Adalat Ain a observation of this Court made in the case Sultana Jute Mills Ltd vs. Agrani Bank reported 46 DLR (AD) 174 submits that Code of Civil Procedure is applicable to the proceeding of Artha Rin Adalat ......order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....……………Petitioners Vs. Bangladesh Power Development Board and others…………….. Respondent Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The C...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......nnot raise the plea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi.......iled. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....hellip;…………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment February 8, 2000. The Banking Companies Act, 1991 (XIV of 1991), Section 46 In view of the inspec......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ...... no such opinion was mentioned in the impugned order itself. 5. Learned Advocate for the appellant relied on the decision in the case of Dr. Nurul Islam V. Bangladesh reported in 1981 BLD (AD) 140 = 33 DLR (AD) 201 in support of his contention that reason has to be assigned in the ord......s dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
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