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Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....il) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petiti......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismi...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: Th......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same.......ry J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. State…………………….Respondent (In both the Petitions) Judgment April 30, ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ented from drawing its bills disrupting its business merely on a vague allegation that the defendants were trying to close down their business or that they have been trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) ......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T......ustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....DLR (AD)(1998) 18. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d......on (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....Abdur Rouf J and BB Roy Choudhury J Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others…..………………………………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………………………......Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ...... Md Abdur Rouf J and BB Roy Choudhury J Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others…..………………………………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………………â€......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others…………......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....R (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....achineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and anchored at any port in Bangladesh………………..(16) Lawyers Inv......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......nbsp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgme......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....bsp; Cases Referred to- Sk Tabibar Rahman Vs Election Tribunal 1981 BLD 298; Hosne Zaman vs. Election Tribunal, 38 DLR 435; Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379; Md. Mokbul Hossain vs. Shamsul Alam and others 14 BLD (AD) 232.&n......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame......ent: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Nazem Uddin .............................................Appellant Vs. Election Tribunal & Others...............................Respondents Ju...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. Result: ......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......atifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1,......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....e accused fled away. Police upon investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an application on 23-8...... 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
.... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment July 17, 2000.......R (AD) (2001) 9. ......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....at she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. Defendant No.2 u......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit...... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....s incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondk...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ...... Ed. ...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ......uty Commissioner Concerned. Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....(Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another...........l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......on (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and a......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......d with costs. Ed. ...... Appellate Division (Civil) Present: A.T.M. Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Mahmuda Khatun and others.......Plaintiff-Appellants. Vs. Abul Younus Talukder being dead his heirs Mrs. Yunus Ali Talukder and others .........Defendant...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....t the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to ......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ...... cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....of the trial Court it appears that the trial Court found that C.S. Khatinas Ext.2 and 2(a) stand in the name of Baishnab Charan Dey original raiyat in respect of the suit land on the basis of an oral Bangladeshi and that the defendant could not prove that the suit land belonged to Jituram. The defen......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being dead his heirs Probate Dey and othÂers..........Respondents Judgmen......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
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