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Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

.... Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Resu......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment Decembe......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..

Category: Constitutional Law | Date: | Hits: 829

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....n ex parte order of dismissal of the suit for default.………………..(13). Lawyers Involved: Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Ex parte—the Respondents. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......sp;               Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...R......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

.... appellant Jharna Rani Saha, as informant lodge written ejahar with Sadar Police Station Distill Narayangonj on 12-8-97 implicating accused respondent No. 1 co-accused Masud, Liton and Ismail Hossain in the commission of the offence abducting her minor daughter Lata Rani Saha with intention......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Responden......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Criminal Law | Date: | Hits: 48

Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)

....hellip;……(5) Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to A......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......ustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and others……………..Respondent ......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..

Category: Civil Law | Date: | Hits: 127

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....e Code of Criminal Procedure………………………(7)   Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on-Record— For the Petitioner. Ex-parte — Respondent. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......Nur Israil Talukder (Md) ………………………Accused-Appellate              Vs. State……….…………..Respondent Judgment......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

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

....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, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Abdus Salam Khan, Senior Advocate, instructe......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.......man CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000......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...

Category: Civil Law | Date: | Hits: 142

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....ion in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ...... Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Jud......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..

Category: Property Law | Date: | Hits: 47

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

....;                   Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioner. Amirul Islam, Senior Advocate, ins.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......ahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……….…&h.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ..

Category: Constitutional Law | Date: | Hits: 164

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

....amon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers Involved: Subrata Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Respo......ot be heard on a ground on which leave was 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 ...... Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others…………………&helli......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. ..

Category: Property Law | Date: | Hits: 59

Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)

.... properly.   Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Nawab Ali, Advocate-on-Record—For the Petitioner. Abdus Sobhan, Advocate, instructed by M. Hossain Advocate-on-Record-For the Respondent Nos. 1-3. Civil Petition for Leave to Appeal......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......Kamal J   Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..

Category: Property Law | Date: | Hits: 51

University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)

....p;…………(10)  Lawyers Involved: M Nurullah, Senior Advocate (Zakir Ahmed, Senior Advocate and Fida M Kamal, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioners. Khandker Mahbubuddin Ahmed, Senior......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..

Category: Constitutional Law | Date: | Hits: 201

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

..... The Police Regulation, 1943, Vol. I, TI Parade Mirza Abdul Hakim and Abdus Samad were not placed on T I parade immediately after their arrest and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... Appellate Division (Criminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs ..

Category: Criminal Law | Date: | Hits: 92

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

....nd 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 Hardware Company vs. The Government of Pakistan, PLD 1989 Ka...... 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. ......eme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 199...... 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. ..

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

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

....s 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 (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instr......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. ......ivision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and others…………………Appellants Vs. Md. Tajul Islam………………………………………………...Respondent Judgmen......stitute the valid basis of cancellation have to be alleged in the show cause notice itself and cannot be supplemented by fresh facts in affidavit”. 16. This Court held in the case of Abdul Latif Mirza, 31 DLR (AD) 1, which was a case of preventive detention, that it is now well-settled that the..

Category: Constitutional Law | Date: | Hits: 192

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

....ril 3rd 1997 Lawyers Involved: M Amirul Islam, Senior Advocate instructed by M Nawab Ali, Advocate-on-Record--For the Petitioner. (Civil Petition No. 109 of 1996). Syed Dastagir Hossain, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioner (in C...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......Petitioners                                Vs. Bangladesh Bank, represented by Governor and others…………&hell...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..

Category: Administrative Law | Date: | Hits: 159

Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)

....rs………….Respondent Judgment March 24th, 1997 Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented—Responden......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......……...Plaintiff -Petitioner                          Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others…&helli......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..

Category: Property Law | Date: | Hits: 64

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appel......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......llant                                 Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....er Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respond......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

....ant Vs. Kazal Miah and others………………… Respondents Judgment January 13th, 1997. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Md. Nowab Ali, Advocate-on-Record&mdash...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J Shamsul Arafin Khan …………………..Appellant Vs. Kazal Miah and others………………… Respondents...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

.... the Appellants. Mainul Hosein, Advocate, instructed by Nil Khandker, Advocate-on-Record — For Respondent Nos. 5 and 19. Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ...... Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others……………&hell......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..

Category: Administrative Law | Date: | Hits: 160