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

.... approved in the meeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100% export oriented one. After the approval of the project by the Investment Board, Bangladesh Shilpa Bank sanctioned a long term loan to acquire 8 Deep Sea fishing Trawlers in two p......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Chairman, Board of Investment and others... ……………….. Petitioner Vs.  &......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

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....bsp;                  Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent ......sp;         Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution o......nbsp;                    Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Resp......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..

Category: Constitutional Law | Date: | Hits: 152

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appe......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respon......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

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

....dre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Association. Mahmudul Islam, Attorney-General for Bangladesh. Judgment ATM Afzal CJ.- By an application dated 1st February, 1999, Mr. Habibul ......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......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

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

.... 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 others …………...Petitioners Vs. State …&helli......;                      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

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………...... Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others……………………...Respondent Judgment ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others………………&hell......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. ..

Category: Employment/Service Law | Date: | Hits: 67

BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

.... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J   Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner   &......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J   Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner      &nbs......bsp;  Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner                Vs. Nuruzzaman Khan Brothers……………….. Respondent......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

....lendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha……………………Respo......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ...... Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha…………………...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..

Category: Business or Commercial Law | Date: | Hits: 106

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

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J   Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land ……………&......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......ur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip......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. ..

Category: Property Law | Date: | Hits: 50

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

....lendu Bikash Roy Choudhury J                           Government of Bangladesh, represented by Ministry of Works and another……………&hel......sp;                       Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......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

Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....nbsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and another……&hellip......bsp;                  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......;      Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and anot......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....bsp;                                Bangladesh…………………Appellant Vs. Anwa......bsp;              Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......bsp;                  Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents ......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. ..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

.... Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg...... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ………………&he......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. ..

Category: Business or Commercial Law | Date: | Hits: 99

Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)

.... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment November 9, ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..

Category: Constitutional Law | Date: | Hits: 158

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. ...... (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......MH Rahman J ATM Afzal J  Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd…………………. Respond......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. ..

Category: Business or Commercial Law | Date: | Hits: 112

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....;    Bimalendu Bikash Roy Choudhury J   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Resp......   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents    Judgment &nbs......          Bimalendu Bikash Roy Choudhury J   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs an......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.   ..

Category: Constitutional Law | Date: | Hits: 191

Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

....80. ......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 ...... Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. Shirely Anny Ansari …………………….R......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. ..

Category: Property Law | Date: | Hits: 64

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

.... Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. Respondent Judgment A......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......ur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. R......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. ..

Category: Administrative Law | Date: | Hits: 121

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

.... Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Ha......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 &...... Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil ……………………..Respondent ......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. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

....ision (Civil) Present: Latifur Rahman CJ   A M Mahmudur Rahman J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs...... (Civil) Present: Latifur Rahman CJ   A M Mahmudur Rahman J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ...... A M Mahmudur Rahman J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Responde...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..

Category: Constitutional Law | Date: | Hits: 170