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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
..... ......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. ......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..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....duzzaman with him, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury with him) instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent No. 1 Not represented—Re...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... Dr. Rafiqur Rahman, Senior Advocate, Asaduzzaman with him, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Dr. Kamal Hossain, Senior Advocate (Khademul Islam Chowdhury with him) instructed by Md. Nowab Ali, Advocate-on-Record — For the Responde......llate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another……………………………&..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....nbsp; Latifur Rahman J Md. Abdur Rouf J ......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. ......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..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... 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. Khandker Mahbubuddin Ahmed......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. ......ed physically, 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 Appellan......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 ..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....iod of limitation prescribed therefor by the First Schedule shall be dismissed subject to the provisions of section 4 to 25……..(8) Cases referred to- Md. Abdus Sukkur vs. Chairman, National Board Revenue and others, 17 BLD (AD) 43; Bangladesh Bank v...... Lawyers Involved: Abdur Rab Choudhury, Senior Adv Mohammad Ali Senior Advocate with him)instructed by Md. Nawab Ali Advocate –on- Record- for the Petitioner. AKM Nazrul Islam Senior Advocate instructed by Sharifuddin Chaklader Advocate-on-Record- for Respondent......s Involved: Abdur Rab Choudhury, Senior Adv Mohammad Ali Senior Advocate with him)instructed by Md. Nawab Ali Advocate –on- Record- for the Petitioner. AKM Nazrul Islam Senior Advocate instructed by Sharifuddin Chaklader Advocate-on-Record- for Respondent No. 1.......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..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 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. ...... 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. ......Mahbubuddin Ahmed, 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 Shahi......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. ..Category: Property Law | Date: | Hits: 94
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153. Lawyers Involved: Rafique-ul Huq, Senior Advocate (Khalil Rahman, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record —For the Petitioner Abdur Rezzaque Khan, Advocate......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....f two months notwithstanding the subsequent rescheduling of the loan and repayment of ten percent of the outstanding loan. Lawyers Involved: A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz, Advocate (Amirul Islam......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. ......nt of the outstanding loan. Lawyers Involved: A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz, Advocate (Amirul Islam, Senior Advocate with him) instructed by Aftab Hossain, Advocate-on-Record—For the Responden......137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....eputy Attorney-General, with him), instructed by SB Barua, Advocate-on-Record — For the Appellants. Dr. Kamal Hossain, Senior Advocate (AFM Hasan Arif Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 114 of 1999.......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......ding Corporation of Bangladesh, 1988 BLD (AD) 84 = 40 DLR (AD) 206; Dhaka Warehouse Ltd and another vs. Assistant Collector of Customs, 1991 BLD (AD) 327. Lawyers Involved: Mahmudul Islam, Attorney-General (Bazlur Rahman Chhana, Deputy Attorney-General, with him), instructed by SB......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....the Public Service Commission. The Administrative Tribunal wrongly held that the Government ought to have consulted with the Public Service Commission before passing the impugned order. 6. Md. Abdus Sobhan, Advocate for the appellant submits that Administrative Appellate Tribunal upon mi...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others&hell..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......am, a co-villager of the informant came to his house in the afternoon of 26-10-1992 and met victim Alamgir Kabir there. Thereafter both of them went away and met appellant Billal. Miraj and Saiful Islam and all of them went to the shop of the informant after some time. Shortly thereafter they le...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half..Category: Criminal Law | Date: | Hits: 58
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....the appeal……………………(22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahme......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... the said Annual General Meeting four retiring directors of the Said Bank namely, 1 Mr. ASF Rahman, 2. Mr. Salman F Rahman (the appellants), 3. Mr. AM Agha Yusuf, (respondent No. 1) and Mr. Saiful Islam representing class ‘A’ shares retired and offered themselves to be re-elected dir......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ..Category: Business or Commercial Law | Date: | Hits: 107
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....ek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rah...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ..Category: Constitutional Law | Date: | Hits: 151
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....d person within the meaning of article 102 of the constitution because of gazette notification relating to delimitation of words. ……….(7) Lawyers Involved: Md. Nazmul Huque Nasim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For ......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......hellip;…….(7) Lawyers Involved: Md. Nazmul Huque Nasim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner Mahmudul Islam, Attorney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent ......dur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... 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 December 2, 199......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. ......ution and cannot be demolished, whittled down, curtailed or diminished in any manner whatsoever, except under the existing provisions of the Constitution…….(57) Lawyers Involved: Mahmudul Islam, Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellan......afa 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. Result: T..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....ng aside an 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 Respond......itution before the Artha Rin Adalat for setting aside an 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 ......bsp; Islami Bank Bangladesh Limited………………….Appellant ......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ank in passing the impugned order although no such opinion was mentioned in the impugned order itself. 5. Learned Advocate for the appellant relied on the decision in the case of Dr. Nurul Islam V. Bangladesh reported in 1981 BLD (AD) 140 = 33 DLR (AD) 201 in support of his contention ...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....000) 66. ......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. ......learned Sessions Judge. 13. It is true that the case of the accused is that the girl is above 18 years of age, she left her father’s house on her own and that she voluntarily embraced Islam and married the accused. On the other hand, the guardians allege that she is a minor and the......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....R (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......itnesses examined in this case six are eye-witnesses of the occurrence, PW 1 Ahmed Ali, brother of deceased, PW 2 Md. Nurul Haque, son of deceased PW 5 Abdul Awal cousin of the deceased PW 9 Taizul Islam, son of the deceased and PW 6 Osman All are all eye witnesses of the occurrence. 6. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip..Category: Criminal Law | Date: | Hits: 61
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