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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....on in Writ Petition No. 2424 of 1995). Judgment Mustafa Kamal CJ.- How far the Constitution of Bangladesh has actually secured the separation of the judiciary from the executive organs of the State and whether the Parliament and the executive have followed the constitutional path are the cru......Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment Decembe......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. ......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. ..Category: Constitutional Law | Date: | Hits: 829
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Responden......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....fa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 1998. The C...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 1998. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....l Talukder (Md) ………………………Accused-Appellate Vs. State……….…………..Respondent Judgment June......Nur Israil Talukder (Md) ………………………Accused-Appellate Vs. State……….…………..Respondent Judgment......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment ......n J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....s nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but i......stafa Kamal CJ Latifur Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Hazera Khatun ………………..Petitioner Vs. Dr. Md. Enayetullah………………Respondent Ju...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ……………………..Respondent Judgment ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....er of the Appellate Division and the Administrative Appellate Tribunal given in Atiqullah’s case which is not capable of being deviated from, modified, varied or set aside by any organ of the State, let alone the highest administrative authority of the Bangladesh Bank. It is his submission......Petitioners Vs. Bangladesh Bank, represented by Governor and others…………&hell...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....p;Latifur Rahman J: In Anti-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecution of 43 accused out of 62 accused. The said application was r......nd Others………………..Petitioners Vs. Md. Hanif and Others………………..Respondent ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......J Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
.... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents Judgmen...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....ifiably argues that without meeting the points raised by the accused-petitioner the High Court Division has disposed of the application summarily relying upon the case of Kehar Singh and others vs. State, AIR 1988 (SC) 1838. 4. As the complaint is well-founded and the Judgment of the High......ip;…………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other………&hellip...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
.... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam ......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......ngshu Kumar Saha………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, a......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....High Court Division Judgment here. Supreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent ......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
.... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State ………………...Respondent Judgment August 4......mal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Alimuddin and others………………. Petitioners Vs. State ………………...Respondent Judgment ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. State…………….. Respondent Judgment August 22nd, 1996......stafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. State…………….. Respondent Judgment August...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87