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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. ......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. ......ithin the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caut...... 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 Bhuiyan, Presi..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....lly grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in custody and release them on bail to ......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. ......Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State……&helli......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
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....ve the Government-petitioner has been arbitrarily promoting some Officers of erstwhile EPCS and CS by pick and choose ignoring the rightful claims of the writ petitioners. In the gradation list of Deputy Secretary dated 3-8-86 the writ petitioners are at various serial numbers but 13 persons hav......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ...... Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others……………………...Respondent Judgment ......d the injunction matter in the High Court Division itself the Court is not inclined to interfere with the matter……….(5) Lawyers Involved: KS Nabi, Attorney-General (Abdul Wadud Bhuiyan, Additional Attorney-General and Md. Sajjadul Huq, Assistant Attorney-..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 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. ...... 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. ......nbsp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli...... 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
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Deputy Commissioner, Dhaka, in exercise of his power under the East Bengal (Emergency) Requisition......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. ......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......titioners need not be served with notice afresh…………………(10 & 11) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossain, Advocate-on- Record. (In all the appeals) — For the Appella..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....vailable, 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 the Pet...... 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. ......sp; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......t 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 the Petitioners. ..Category: Property Law | Date: | Hits: 56
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....kish Banu were also not successful in their attempt of getting the buildings released from the list of abandoned property. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, Government of Bangladesh directed him to submit the relev......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......uch a decree is not within the contemplation of proviso (a) to section 5 of the Ordinance……(18) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney— General, instructed by Md. Sajjadul Hoque, Advocate-on-Record—For the Appellant. Kho..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Appellants in all appeals. Ex parte—the Respondents in all appeals. KS Nabi, Attorney-General—Amicus Curiae. Civil Appeal Nos. 6, 7, 8, 9 and 10 of 1995 with Civil Appeal ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......nue shall implement the same and the respondent should get the benefit of SRO in question…………..(13) Lawyers Involved: AW Bhuiyan Additional Attorney-General, instructed by B Hossain, Advocate-on Record—For the Petitioners. Rafique-ul ..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi......979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind t..Category: Employment/Service Law | Date: | Hits: 79
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Asiman Begum………........ Appellant Vs. State, represented by the Deputy Commissioner……………………… Responde......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......e was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abdul Haque (Md) Deputy Commissioner…………………………....... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....detenu also qualified from Staff College, Quetta and, also attended the National Defence College, New Delhi and was awarded NDC in 1975. The detenu was promoted to the rank of Major General and Deputy Chief of Army Staff in 1978 and in the same year he was promoted to the rank of Lt. General ......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs......egiment. The detenu also qualified from Staff College, Quetta and, also attended the National Defence College, New Delhi and was awarded NDC in 1975. The detenu was promoted to the rank of Major General and Deputy Chief of Army Staff in 1978 and in the same year he was promoted to the rank of..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ......acceptance may be shown by mutation of name in the official record, municipal papers or with the Revenue authority……(8) Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record—Fort the Appellants. Khan..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall......ation 56(2) of the Investment Corporation of Bangladesh(Officers and Employees) Service Regulations. The Investment Corporation of Bangladesh terminated the service of the petitioner, an Assistant General Manager of the Corporation, on 23 April 1995. The petitioner challenged the order of termin..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....ur Rahman Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner (in both the cases). Mahmudul Islam, Attorney-General (Safiuddin Ahmed, Deputy Attorney-General with him) instructed by AKM Shahidul Huq, Advocate-on Record— For Res...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ......d, Senior Advocate (Mahfuzur Rahman Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Petitioner (in both the cases). Mahmudul Islam, Attorney-General (Safiuddin Ahmed, Deputy Attorney-General with him) instructed by AKM Shahidul Huq, Advocat..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....d To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on Record—For the Appe......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......late Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil &......gum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on Record—For the Appellants. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ......t entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record — For the Petitioners. ..Category: Constitutional Law | Date: | Hits: 170
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......137. ......hereof. Pubali Bank issued notices on 20 August 1995 under section 17(1) of the Bank Companies Act, 1991, hereinafter referred to as the Act, to the petitioners individually through respondent No. 2, General Manager (BRPD), Bangladesh Bank, who forwarded the same under two covering letters dated 23 ..Category: Banking Law | Date: | Hits: 191
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