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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ther way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......itional Attorney-General (Zahirul Islam Mukul, Deputy Attorney-General with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Appellants. Rafique-ul-Huq, Senior Advocate, Ajmalul Hossain, Senior Advocate and Shafiq Ahmed, Senior Advocate (Ahsanul Karim, Advocate with him) instru......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

.... appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......Justice and papers relating to summary in connection with the appointment of Mr. Md. Abdul Hye, Mr. Faruque Ahmed, Mr. Md. Marzi-ul-Haque, Mr. Md. Shamsul Huda, Mr. Abdur Razzaque, Mr. Syed Mahmud Hossain, Mr. Md. Iman Ali and Mr. Hasan Foez Siddique under Article 95 of the Consti­tution.&nb...... Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsul Huda and others..................Respondents Judgment M..

Category: Constitutional Law | Date: | Hits: 124

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

....order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... 175; United Liner Agencies of Pakistan vs. Ehram Jute Baling 27 DLR (AD) 170; Laxmidas vs. Nanabhai AIR 1964 SC 11. Lawyers Involved: Syed Shahid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—The Respondents......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment Decembe..

Category: Civil Law | Date: | Hits: 111

Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)

....any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Appel­lants. ABM Nurul Islam. Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respon­dents. Civil Appeal No. 215 of 2000....... Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Chittagong Dock Sramik Parichalana Board and others .....................Appellants Vs. Shamsul Haque and others... ..................Respondents Judgment Ma..

Category: Labour and Industrial Law | Date: | Hits: 83

Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)

....se is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ttorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record —For the Appellant, (In Civil Appeal No. 185 of 2005). Syed Amirul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respon­dent No. 1. (In Civil Appeal No. 184 of 2005).......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..

Category: Others | Date: | Hits: 88

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

.... matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......llant (In both the cases). Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 5 of 2008). Ajmalul Hossain QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respond...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) ..

Category: Anti-Corruption Laws | Date: | Hits: 219

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....er as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......D 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 1997 (Kerala) 291; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md.  Aftab Hossain, Advocate-on-Record-For the Appellants (In both cases). Fida M. Kamal, Attorney Gen......iya ………………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and oth­ers …………………&hell..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)

.... Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10,......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed with­out any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed with­out any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed with­out any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 71

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....ppeals are dismissed without any order as to costs. Ed. ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ndkar; Her Majesty the Queen Vs. Burah, 5 Indian Appeals (Vol-V) 178; In re Art.143, Constitution of India and Delhi Laws Act (1912), A.I.R. 1951 (SC) 332. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Salahuddin, Advocate with him), instructed by Md. Nawab Ali, Advocate-on......Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Paki..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....lants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advocate, instructe...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advocate, instructed by Md. N......Appellate Division (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 20..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....nd thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......vember 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Hasan Faiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

.... The appeal is allowed without any order as to cost. Ed. ...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others.........n (Civil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangla­desh and others..................Respondents Judgment ..

Category: Administrative Law | Date: | Hits: 132

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

....e we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......l is allowed with costs. Ed. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2..

Category: Civil Law | Date: | Hits: 216

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....ent as cost within three months failing which it will bear interest at the rate of 9% till realization…… ………(10 & 12) Lawyers Involved: ABM Khairul Huque, Advocate, instructed by Md. Nurul Huq, Advocate-on-Record, (absent)—For the Appellants. Asrarul Hossain, Senior Advocat......is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......te of 9% till realization…… ………(10 & 12) Lawyers Involved: ABM Khairul Huque, Advocate, instructed by Md. Nurul Huq, Advocate-on-Record, (absent)—For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent....... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kadam Rosul Silicate Works and others.............................Appellant Vs. Sonali Bank.........................…………………………………….......Responde..

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

.... Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Respondent......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......rim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Moham­mad Ali, Advocate with him) in­structed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Gholam Rabbani, Senior Advocate, instructed by Sh......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Res..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

....ows: "4. 12.7.80. Summons served. Plaintiff files hazira. Service report appears to be not satisfactory. Issue summons upon the defendants through regd post. To 24.7.80 for requisites. Sd./- ZH Md. Daud. 5. 14.7.80 Plaintiff files a petition praying for making the order of ad-interim injunc.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......re of the filing of the suit but they did not appear to contest the suit intentionally. 4. In support of their respective cases the ap­pellants examined only one witness, appellant no. 3 Mohammad Hossain as PW 1. The respondents ex­amined OPW No. 1, Nurul Islam, husband of re­spondent no 1 and......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Upendra Chandra Rishi and others.………………...…………..Appellants Vs. Sufia Begum and others...........………………….………........Respondents Judg..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Re­sponde...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azizul Huq @ Azizul Haque and ors................................Appellants Vs. The State..................................……………………………………...Respo..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......SC 53. Lawyers Involved: Md. Rafiqul Huq, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record— For the Appellant. Amirul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. C...... ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....he appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant....... MM Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Res..

Category: Environmental Law | Date: | Hits: 255

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....igh Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......22 acres of land of plot No. 1222 of the suit khatian also belonged to the said three surviving brothers in equal share of 1.74 acres each; from his 1.74 acres of land Banga sold 1.20 acres to Amir Hossain on 13-11-1828 and sold remaining 0.54 acres to Shamsher Ali and Serajuddin Bepari on 13-11......Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 1..

Category: Property Law | Date: | Hits: 33