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Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. M. Shamsul Alam, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. Not R..

Category: Criminal Law | Date: | Hits: 78

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..

Category: Family Law | Date: | Hits: 144

Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......d, Senior Advocate (Rokonuddin Mahmood, Senior Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record—-- For the Petitioner.  AF Hassan Ariff, Deputy Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondents.  ..

Category: Procedural Law | Date: | Hits: 122

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....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 ......ated 28.9.94 pending disposal of the said AT Case, whereby he has been directed by the respondent to repay certain amount of money. 2. Petitioner’s case in short, is that he is the Director (Finance), Mukti Joddhya Kalyan Trust. On June 1994 by Order of the President, he was appo......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)

....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 ......Government. Mr. Karim has brought to our notice even an inspection report of the said Girls High School submitted upon inspection by an Assistant Inspector of Education of the Inspection and Audit Directorate of the Ministry of Education. Mr. Karim made all this exercise to impress upon us that ......   6. Leave was granted to consider the submission that the decision, 14 BLD (HCD) 488, holding that the secondary school in question is a ‘local authority’ as defined in the General Clauses Act, 1897 (Ordinance No. X of 1987) upon which reliance was placed in the impugned..

Category: Others | Date: | Hits: 85

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....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 ......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 ......lip;………………………….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khan..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

.... 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 ......ul Latif Chokder …………………………Respondent  Judgment July 25, 1996. Case Referred: Managing Director, Rupali Bank Limited and others vs. Tafazal Hossain and others 44 DLR (AD) 260. La...... 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 ………………………&helli..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....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. ...... (1967) 2 AC 337; Giasuddin Bhuiyan vs. Bangladesh, 1(198 1) BCR (AD) 81; RS Secretary of State for the Environment, ex parte Rose Theatre Trust Co (QBD) [990] 1 All ER 754 and Muntizma Committee vs. Director Kaichi Ahadj Sindh, PLD 1992 (Karachi) 54; R vs. Commissioner of Police, ex parte Blackburn......st Co (QBD) [990] 1 All ER 754 and Muntizma Committee vs. Director Kaichi Ahadj Sindh, PLD 1992 (Karachi) 54; R vs. Commissioner of Police, ex parte Blackburn, (1968) 2 QB 118; Blackburn vs. Attorney General (1971) 1 WLR 1037; R vs. Police Commissioner, ex parte Blackburn (1973) QB 241 and R vs. GLC..

Category: Constitutional Law | Date: | Hits: 450

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....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. ......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. ......en committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Kha..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....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. ...... recovery from illness he on 22-2-80 went to join at Dhaka office but was not allowed and respondent No.4 directed him by a letter dated 25-3-80 to join at Rangpur office; that respondent No.2, the Director General, Bangladesh Postal Department, turned down his representation against the order of...... to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. ……….(19) Lawyers Involved: A W Bhuiyan, Additional Attorney-General (Sharifuddin Chaklader, Assistant Attorney-General with him), instructed by Shamsul Haque S..

Category: Administrative Law | Date: | Hits: 119

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....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. ......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. ......uld adjust only 83% of the loan keeping the balance outstanding. The outstanding loan of the appellant having not been paid, Bangladesh Krishi Bank instituted two Certificate Cases in the Court of General Certificate Officer, Comilla, being, Certificate Case Nos.318 and 319/1986-87 for an amount..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....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. ......ty and Exchange Commission Act, 1993 (Act No. 15 of 1993), briefly the Act, filed reports under section 25 of the Securities and Exchange Ordinance, 1969, briefly the Ordinance, through its Executive Director MA Rashid Khan before the Chief Metropolitan Magistrate, Dhaka alleging offences under sect...... Petitioners (In all the petitions). Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1 (In all the petitions). KS Nabi, Attorney-General —For Respondent No. 2 (In all the petitions). Criminal petition for Leave to Appeal No..

Category: Business or Commercial Law | Date: | Hits: 163

Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

.... 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. ......nce with the decision contained in the minutes of the meeting as above held on 17-11-79 at National Board of Revenue with the then Minister of State for Finance presiding.  2. The Director of Inspection & Trading (Taxes), Dhaka. 3. Mr. KM Mamun, Director (Finan...... 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

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... 371; Jeevaratnam vs. State of Madras AIR 1966 (SC) 951 and Fauzi Foundation vs. Shamimur Rahman PLD 1983 (SC) 457.  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General (M Farooq, Deputy Attorney-General with him), instructed by Sharifuddin Chaklader, Advocate..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......Co-ordination and Control Cell of the CMLA on the above issue and the case was referred to the Ministry of Land Administration and Land Reforms Division of Government of Bangladesh. The Additional Director of the Co-ordination and Control Cell by his letter dated 26-7-83 communicated the decisio......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......re acquirable vest in the Provincial Government only if assessment of compensation in regard to the same has been made and published as provided in the Act. The argument of the learned Advocate General is that, since in respect of the locality in question a notification under sub-section (2)..

Category: Property Law | Date: | Hits: 90

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......the writ petitioner…….(6) Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. KS Nabi, Attorney-General (Farooq Ahmed, Deputy Attorney-General with him) instructed by Sharifuddin Chaklader, Advoca..

Category: Others | Date: | Hits: 113

Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others Vs. Ittefaq Group of Publication Ltd., 1998, 27 CLC (AD)

....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 138.......rt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner Vs. Ittefaq Group......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 138...

Category: Business or Commercial Law | Date: | Hits: 121

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ut a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so strong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful ..

Category: Criminal Law | Date: | Hits: 119

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..

Category: Criminal Law | Date: | Hits: 96