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Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....hury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no ille......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......aming specific issue by the trial court and on such grounds plaint cannot be rejected……………… (6) Cases Referred to- Sreemati Pushpa Rani Das vs. AKM Habibur Rahman & ors 13 BLD (AD) 217, Shahabuddin vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Abdul Quayum,...... The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...

Category: Civil Law | Date: | Hits: 142

Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)

....d: Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. Waliul Islam, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and or......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ...... High Court Division…………….(4)  Cases Referred To: Senior Manager, Dosta Textile Mills Ltd Ranirhat, Feni and ors vs Sudhansu Bikash Nath 40 DLR(AD) 45. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record— For th...... The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

.... Vs. Safura Khatun and others…………………………………….Respondents Judgment November 21, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be hea......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......not granted although there may be exceptions in the exigencies of justice…………(9)  Case Referred to- Idris Shaikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers I......ismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..

Category: Property Law | Date: | Hits: 59

Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)

....ants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......im period between the last meeting of the committee and the impugned meeting. …………………(20) Cases Referred to- Commissioner of Customs, Chittagong vs. Giasuddin Chowdhury, 50 DLR (AD) 129, Collector of Customs, Chittagong vs. Ahmed Hossain and others, 48 DLR 199, Phassco Hardwar......Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..

Category: Business or Commercial Law | Date: | Hits: 165

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment February 5, 1997 Result: The appeal is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment February 5, 1997 Result: The appeal is dismissed. Cases Referred to- Amaresh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 4...... Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..

Category: Constitutional Law | Date: | Hits: 192

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

.... Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 552 of 1997). ......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. ......that the High Court 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. ......vision. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115

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

....ppellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The C......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. ......s, LJ in Ex Parte Sidebothani (1880) 14 Ch. D. 45X; Lord Esher, MR in Re Reed Bowen and Co. (1887) 19 QBD 174; Durayappah vs. Fernando, (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......This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

.... Vs. Profulla Bala Devi & others………………………………Respondents  Judgment January 26, 1997.  The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......on of its records………………………..(13 & 14)  Cases Referred:  Akhtar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (AD) 164; Indar Singh vs. Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 19......place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..

Category: Property Law | Date: | Hits: 88

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....an J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Code of Criminal Procedure (V of 1898) Section 99A(1)(c) Once the Special Benc......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed matters referred to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......e. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..

Category: Others | Date: | Hits: 122

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....vernment of the People’s Republic of Bangladesh and others……………. Respondents. Judgment December 5, 1994. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......e writ petition in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....e selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities of the tribal people should not be ignored………………..(29) Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate wi......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......ished in the Bangladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......egal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....…….. Appellant Vs. Abdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......r immediate custody of the children which may be ordered in the interest of the welfare of the said children……………….(33) Cases Referred to- Abu Baker Siddique vs. SMA Bakar 38 DLR (AD) 106; Queen vs. Gyngall (1893) 3 QBD 232; Walter vs. WaIter 55 Cal 730; Saraswathi vs. Dhanakoti......tention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal Nos. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... system for protecting the neutral character of public service…………………….(66) The Constitution of Bangladesh, Articles 102 & 117 (iv) In Mujibur Rahman v. Bangladesh, 44 DLR (AD) 111, the right to move the High Court Division under Article 102 (1) for enforcement of fundame......ree applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

....Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......rying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD) 83, Unimarine SA Panama 31 DLR (AD) 112. ......he suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..

Category: Procedural Law | Date: | Hits: 134

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....nd and others………….………………………... Appellants Vs. Abdul Halim Miji and others………….…………………………………. Respondents Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Secti......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......ent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad Madhu Mia, 41 DLR (AD) 92. Lawyers Involved: Mahbubey Alam, Advocate instructed by Sajjadul Huq, Advocate-on-R......t Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..

Category: Property Law | Date: | Hits: 83

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....oudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 o......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instruc......udgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....dassir Husain J Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka ……..... Appellant Vs. Abdul Majid Howlader and others……….....Respondents Judgment December 9, 2003 Result: The Appeal is allowed. Cases Referred to- Al-Haj Abul Basher, being de......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ...... Judgment December 9, 2003 Result: The Appeal is allowed. Cases Referred to- Al-Haj Abul Basher, being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11, Nur Mohammad and others Vs. Moulvi Mainuddin Ahmed and others, 39 DLR (AD) 1, Government of...... Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..

Category: Limitation Law | Date: | Hits: 189