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Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......is Case is also Reported in: 31 DLR (AD) (1979) 37. ......1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....o cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......lso Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......lved: AKM Mozammel Huq Bhuiya, Advo­cate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants. Ex parte - the Respondent. Civil Appeal No. 54-D of 1967 From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964. Judgmen......l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J E Rahman, Chair­man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants Vs. Khan Saheb Ata Mohammad Khan...........Respondent Judgment February 14, 1978. La......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

.... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & .............................................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney Gene......ul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & another...............Petitioner Vs. Md. Sultan Ahmed ........................................................Respondent ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ..

Category: Administrative Law | Date: | Hits: 111

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

....to the salary towards the unexpired period of contract and that has been rightly done…………………..(7 & 8) Cases Referred to- Bangladesh Small Industries Corporation, Dhaka vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41; M/S. A......, Section 73   As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ......laim damages for the breach of contract committed by the employer. In this connection, the High Court Division relied on the decisions in the case of Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury reported in 29 DLR (SC) 41 and the case of M/S. Amin Jute Mills Ltd. V......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of B.............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of t......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..

Category: Administrative Law | Date: | Hits: 92

Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)

....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2004. ......(Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgme......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cas...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....h @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ......ainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....f retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-......bsp;           Md Fazlul Karim J  Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment          &......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

.... Ed. ......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....plying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of Bangladesh at the place of occurrence by some persons, in that case the trial judge is not powerle...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J        Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment        ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

.... Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents Jud......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, ......Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..

Category: Constitutional Law | Date: | Hits: 221

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allow...... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..

Category: Criminal Law | Date: | Hits: 184

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....ivil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judg......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment  &nbs......n (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....ls] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and......  Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C......hul Amin J MM Ruhul Amin J    Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006]......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

....llate Division (Civil) Present: Md Ruhul Amin J   KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents ...... Judgment:                 Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Inv......fazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ......esent: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....ry J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ra......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry o......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is al­lowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of ac­......here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: ...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..

Category: Criminal Law | Date: | Hits: 159