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Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ossession had already been taken after completion of the joint inventory, no contempt had been committed. Cases Referred to- Mask 44 C.W.N. 700; 17 DLR (SC) 515; 34 DLR (AD) 222 at page 235. Lawyers Involved: M. H. Khondoker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....upreme Court of Bangladesh has the power to review its own judgement acting on its own. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 pre...... Khan Vs. Con­troller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Go­vernor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advocates, Mahmudul Islam, Advocat..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89;  Md. Bashir V The State, Supreme Court Monthly Report (1970) Vol 111, 351; Md. Rafiq V. The State, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advo­cat..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....iminal Miscellaneous Case No. 4 (Trans­fer) of 1984. Judgment Badrul Haider Chowdhury J. — This is a transfer petition under section 525A of the Code of Criminal Procedure. Rule was issued upon the respondent to show cause as to why the Kushtia Police Station Case No.19 (......f an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond&..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

.... Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carrying of fuel oil, lubricant etc. had no licence as required under the Petroleum Rules, 1934. The suit was for permanent injunction restraining defendant Nos.1 and 2 from accepting......rial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instruc­ted by Syed Sakhawat Ali, Advoc..

Category: Others | Date: | Hits: 84

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

....o legal effect and directing the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 19......1998) 42; C. Q. M. H Md. Ayub Ali vs. Bangladesh and others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-..

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....h of the High Court Division in Writ Petition No. 1001 of 1994. 2. The appellants i.e. Writ-Respondent Nos. 3-5, have also filed separate appeals. 3. The High Court Division made the Rule absolute in the following terms "The respondent Nos. 3-5 are required to attend the Parli......urt cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………………………..(68 and 69) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. (In Civil ..

Category: Constitutional Law | Date: | Hits: 147

State Vs. Abul Kashem, 1985, 14 CLC (AD)

.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ......award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advoc..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......sh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by B. Hossain, Adv..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......loth & General Mills Company vs. Income-tax Commissioner, AIR 1927 PC 242; Province of West Pakistan vs. Manzoor Quader, PLR 1969 SC 623; Tarapada Ghose vs. Marimnessa Bibi, 19 DLR 711. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (M. Hafizullah, Advocate with him, instructe..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

....ef on payment of ad valorem court fee cannot be enter­tained. The suit was dismissed by the Ad­ditional Court of Subordinate Judge, Noakhali upon holding that the suit was bar­red under Rule 161 of the Defence of Pakistan Rules and section 83 of the Code of Civil Procedure Further, bo......1965) 17 DLR 190, 1979 BSCR 135; Golam Hafez Mia Vs. Khadem Ali Meah (1977) 29 DLR 311 SC; Keramat Ali Vs. Muhammad Yunis, 15 DLR 120 SC; Nurun Nahar vs. Mohd. Fazlur Rahman (1979) BSCR 135. Lawyers Involved: M. Nurullah, Advocate (Hazrat Ali Sikder Advocate with him) instructed by ..

Category: Property Law | Date: | Hits: 38

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....2. 9. Mr. B. N. Chowdhury appearing for the plaintiff appellant contended that this redu­ction was arbitrary and without jurisdiction. There is no force in the argument: Order 41 Rule 33 is in the following terms: ''33. Power of Court of Appeal.— The Appe......Chowdhury and others AIR, 1939 Calcutta 582; Rameshwar Prasad and others Vs. Shambahan Lal Jagannath and ano­ther, A.I.R. 1963 SC 1901; Panna Lal Vs. State of Bombay A.I.R. 1963 SC 1516. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Md. Sajjdul Huq, Advocate-on-Record..

Category: Property Law | Date: | Hits: 38

Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

....land and also to submit bonds ensuring peace in the area. 3. Being aggrieved, the petitioner moved the High Court Division under Section 561A of the Code of Criminal Procedure and obtained a Rule. 4. We have heard Mr. Syed Mahbubar Rahman, the learned Advocate-on-Record for the peti......;……………………………………………..Respondents Judgment December 11, 2007. Lawyers Involved: Syed Mahbubar Ahmed, Advocate-on-Record-For the Petitioner. Md. Naw..

Category: Criminal Law | Date: | Hits: 45

Akbar Ali and oth­ers Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)

....r leave to appeal is directed against the judgment and orders dated 11.01.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 4612 of 2004 discharging the Rule and thereby vacating the order of stay of all further proceedings of G.R. Case No. 1289(2)03 a......;.Petitioners Vs. Mosammat Rabeya Sultana (Koli) and another…………………….Respondents Judgment October 2, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatu..

Category: Criminal Law | Date: | Hits: 45

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... to Appeal at the instance of the petitioner is directed against the judgment and order 06..03.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for qu...... (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not re..

Category: Criminal Law | Date: | Hits: 64

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 13.03.2007 passed by the High Court Division in Writ Petition No.3978 of 2003 discharging the Rule directing the respondent No.1 imple­ment the impugned order and remove all the unauthorise......rks Department (PWD) Public Works Division No. IV Agrabad, Chittagong and others………………….Respondents Judgment December 1, 2008. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not r..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 13th October, 2008 passed by the High Court Division in Civil Revision No. 2145 of 2008 discharg­ing the Rule. 2. Short facts as placed before the High Court Division are that the opposite party Nos.1 ......¦â€¦â€¦â€¦.Petitioners Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents Judgment November 27, 2007. Result: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

....hammad Fazlul Karim J. - The peti­tioner seeks Leave to Appeal against the judgment and order dated 03.07.2005 passed by the High Court Division in Writ Petition No.6544 of 2004 discharging the Rule. 2. The facts as detailed in the writ petition, in short, are that the petitioner join......oth­ers…………………………………………..Respondents Judgment March 20, 2008. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, A..

Category: Employment/Service Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

....hammad Fazlul Karim J.- This peti­tion for Leave to Appeal is directed against the judgment and order dated 20.07.2008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also con......sion………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-R..

Category: Anti-Corruption Laws | Date: | Hits: 119

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

.... Fazlul Karim J. - This peti­tion for Leave to Appeal is directed against the judgment and order dated 27.05.2007 passed by the High Court Division in Civil Revision No.5457 of 2002 making the Rule absolute-in-part reversing the judgment and decree dated 20.08.2002 passed by the Additional D......rs Vs. Md. Mukbal Hossain Mondal and others…………………………..Respondents Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not ..

Category: Property Law | Date: | Hits: 28