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Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ......hman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shajib (Md.) and others…………………….Accused -Petitioner Vs. Md. Abdul Khaleque Akand and another…………Complainant- Respo......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ..

Category: Criminal Law | Date: | Hits: 61

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

.... Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners Vs. Tohidul Hossain Chowdhury and others …………………Respondents Judgment February 25, 1998. ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......d. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners Vs. Tohidul Hossain Chowdhury and others …………………Respondents Judgment Februa......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... (Civil) Present: ATM Afzal CJ     Latifur Rahman J   Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ......sp;  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 69

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....LR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

..... AKM Zahangir Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......sp;            Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..

Category: Employment/Service Law | Date: | Hits: 77

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....y Md. Sajjadul Huq, Advocate-on-Record—For the Appellant (In both the Appeals). Rokanuddin Mahmood, Senior Advocate,(Abdul Momen Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 2-4 (In both the Appeals). Ex-parte......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......           General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others …………......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..

Category: Labour and Industrial Law | Date: | Hits: 134

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....ation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner M Hafizullah, Senior Advocate, instructed by ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgm......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)

.... Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners Vs. Belal Hossain, Advocate and others………………………......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners Vs. Belal Hossain, Advocate and others………………&hel......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Criminal Law | Date: | Hits: 63

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

....court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3)  Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advocate-on-Record — For the ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others …………......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Property Law | Date: | Hits: 64

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

....shad (1886) LR 13 IA 160; Ram Narain vs. Mohainmad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90. Lawyers Involved: MA Wahab Miah, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Sharifuddin Chaklader Advocate-on-Record&......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Bina Rani and another …………………. Petitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judg......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..

Category: Property Law | Date: | Hits: 75

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

....judice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6)  Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......n J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Chairman, Board of Investment and others... ……………….. Petitioner Vs.      Bay Trawling Limited and others………&...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..

Category: Business or Commercial Law | Date: | Hits: 91

Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)

....hat secondary evidence was given of those original documents………………(7)  Lawyers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respond......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......sp;              Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Re......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..

Category: Property Law | Date: | Hits: 72

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

.... ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......l Hossain……………… Defendant-Petitioner                   Vs. Khandaker Mujibur Rahman………………Plaintiff ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..

Category: Property Law | Date: | Hits: 69

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......f further as an officer of this Court, brought to my notice, certain statements published in the daily ‘Dinkal’ and daily ‘Sangram’ of 30 January, 1999 which were alleged to have been made by Shaikh Hasina Wazed, the Hon Prime Minister, at a Press Conference held in the Gana Bhaban on 29 Jan......e high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam B......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..

Category: Others | Date: | Hits: 99

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....sons in custody and release them on bail to the satisfaction of the Deputy Commissioner. ………………(3)  Lawyers Involved: Khondker Mahbub Hossain, senior advocate instructed by Shamsul Hoque Siddique, Advocate- on-Record – For the ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......zal CJ  Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgm......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

....sp;                         Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Pe...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......;                      Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and other...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..

Category: Criminal Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

....xure-D) issued by the Ministry of Education (respondent Nos.1 and 2 in the writ petition) dated 21-12-96, the second impugned letter dated 21-12-96 issued by respondent No. 3- petitioner No.3 Saber Hossain Chowdhury, MP Chairman, Governing Body of the said institution (Annexure-E) and the third ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......;       Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment  &n...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..

Category: Constitutional Law | Date: | Hits: 155

Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)

....ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Quddus (Md) ……………….Petitioner Vs. Md. Mobarak Hossain……………Respondent Judgment January 19, 1997......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......afa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Quddus (Md) ……………….Petitioner Vs. Md. Mobarak Hossain……………Respondent Judgment......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ..

Category: Procedural Law | Date: | Hits: 118

Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)

....imalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………………........he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip......e East Bengal (Emergency) Requisition of Property Act. 1948, hereinafter referred to as the Act, started LA Case No. 21 of 1963-64 for acquisition of the said lands for the purpose of extension of Mirpur Botanical Garden, Dhaka. Upon service of notice under section 3 of the Act followed by notic..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

....medy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4)  Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate- on- Record — For...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......nbsp;        Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed Chand Sultana and others ……………….Respond...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..

Category: Property Law | Date: | Hits: 56