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Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

.... State vs Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah Harmutullah—For the State. C......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah Harmutullah—For the State. Criminal Appe......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..

Category: Criminal Law | Date: | Hits: 76

Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......erefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ....... Heard learned Public Prosecutor. It appears that the accused has no means to engage any lawyer. He is charged under section 302 PPC, involving capital punishment. In the circumstances Mr. Emlak Hossain, Advocate, be appointed without any objection from the accused to defend him. Charge is ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..

Category: Criminal Law | Date: | Hits: 154

Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)

.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ......d. This Case is also Reported in: 24 DLR (HCD) (1972) 3.     ......   ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 255

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

.... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......agong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decreed. 2. The plaintiff-petitioners claimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respondents ..

Category: Tenancy Law | Date: | Hits: 82

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....or the Respondent No. 2 (In Criminal Appeal No. 9 of 1998).  Not represented—Respondent No. 2 (In Criminal Appeal No. 22 of 1998).  Dr. Ahmed Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Respondent No. 1 (In Criminal Appeal No. 12 of 1999).&n......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......nd Azra Ali, Advocate-on-Record.— For the Appellant (In all cases).  Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1 (In Criminal Appeal No. 9 of 1998).   Amir Hossain, Advocate-on-Record — For the Respondent No. 2 (In Criminal Appeal No. 9 of 1998).  ......  ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J  A M Mahmudur Rahman J   Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Resu..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10)  Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-on-Record — For the Appellant. ......p;      Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ..

Category: Criminal Law | Date: | Hits: 75

Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)

....D) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......LR (AD) 96 and Md Shahjahan Vs. Md Sadek and anr 38 DLR (AD) 276. Lawyers Involved: Maksum-ul Hakim, Senior Advocate (Amirul Islam, Senior Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. B K Das, Advocate, instructed by Sha......nbsp;: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. Th..

Category: Election Law | Date: | Hits: 101

SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)

....al) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J SM Anwar Hossain………........... Appellant Vs. Md. Shafiul Alam (Chand) and another………………… Respondents Judgment February 3, 19......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J SM Anwar Hossain………........... Appellant Vs. Md. Shafiul Alam (Chand) and another………………… Respondents Judgment Februa..

Category: Business or Commercial Law | Date: | Hits: 145

Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)

.... This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......bsp;       Cases Referred to- James Finlay Ltd. vs. Chairman, Second Labour Court Dhaka 33 DLR (AD) 58. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……...........................

Category: Labour and Industrial Law | Date: | Hits: 94

Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)

....his Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 171. ......eme Court Appellate Division (Civil) Present: Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner ...... Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others………………&h..

Category: Election Law | Date: | Hits: 117

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....ner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to A......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......d…………………(4) Case Referred To: Commissioner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructe......bsp;           AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

....p; Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......ases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R..

Category: Employment/Service Law | Date: | Hits: 72

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

.... AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 19......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. ......a Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Pradip Kumar Chakraborty …………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respo..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......uit it brooks further litigation. But in specific situation such rule is relaxable……(7)  Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respo......mal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed & ors……………………...

Category: Property Law | Date: | Hits: 65

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

.... Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………………&......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ......Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others………………………&hellip......Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………&helli..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......r by the President under article 134 of the constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the P......p; Latifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……&he..

Category: Employment/Service Law | Date: | Hits: 89

Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sujit Kumar Majum......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... to dismissal…………………………(3)  Lawyers Involved: Md. Serajul Haq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Not represented—The Res......ar Majumdar…………………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…&hell..

Category: Administrative Law | Date: | Hits: 144

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....bsp;                                Md. Abdur Rouf J             &nbs......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......secution could not prove the case against the accused beyond reasonable doubt………………………(4 & 5). Lawyers Involved: B Hossain, Advocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— F......nbsp;               State…………………………... Petitioner Vs. Md. Minhazuddin Khan... ……………………&hell..

Category: Criminal Law | Date: | Hits: 59

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....e is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) Lawyers Involved: Kazi Golam Mahboob, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the petitioner. Mahbubey Alam, Advocate, instructed by Chow......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ……………….Respondents Judgment May 15, 1997. ..

Category: Employment/Service Law | Date: | Hits: 98