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Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazl Munim J Ruhul Islam J Controller of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....y, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156; Emperor Vs. Vimlabai Deshpande, AIR 1946 PC 123; Nakhuda Ali Vs. M.F. De. S. Jayaratne (1951) AC 66; Rameshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Ghol......y, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156; Emperor Vs. Vimlabai Deshpande, AIR 1946 PC 123; Nakhuda Ali Vs. M.F. De. S. Jayaratne (1951) AC 66; Rameshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Ghol...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... subsequently decided by the said Court, but no decision on the question was given as the orders of detention impugned in the said case had been made be­fore the said Amendment. Mr. Justice Hamoodur Rahman (as he then was) in delivering the judgment in the said case, inferred the power of the High ..

Category: Constitutional Law | Date: | Hits: 408

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......ts. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

....ismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......iction and sentence passed by the learned Sessions Judge, Patuakhali in Sessions Case No.23 of 1985. 2. Prosecution case, in brief, is that on 20.12.1984 at about 12.00 noon. P.W.2 Maksudur Rahman and deceased Shahjahan @ Shanu were talking with ach other to the east of the tube well in t..

Category: Criminal Law | Date: | Hits: 43

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... 8. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....dent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by M.Zahirul Islam, Advocate-on-Record- For t......dent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by M.Zahirul Islam, Advocate-on-Record- For t......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ..

Category: Administrative Law | Date: | Hits: 111

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

....ccordingly, the petition is dismissed. Ed. ......ccordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......neous. 6. Before we part with the discussion, it will be pertinent to mention in this connection that before the petitioner was dismissed from service an enquiry was held by Mr. Latifur Rahman the then justice, Supreme Court of Bangladesh, High Court Division on the allegation as brou..

Category: Administrative Law | Date: | Hits: 92

Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)

....tition is accordingly dismissed. Ed. ......tition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......001 discharging the Rule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the dee..

Category: Property Law | Date: | Hits: 30

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....s, he will have to prove that the notice of the previous suit was not served on him, and this non-service was due to the fraud of the plaintiff in the previous suit". 21. In the case of Khan Saheb M. Abdul Khaleque Sowdagar Vs. Majutar Rahman Khan and another reported in Pakistan Law Reports (Dha......s, he will have to prove that the notice of the previous suit was not served on him, and this non-service was due to the fraud of the plaintiff in the previous suit". 21. In the case of Khan Saheb M. Abdul Khaleque Sowdagar Vs. Majutar Rahman Khan and another reported in Pakistan Law Reports (Dha...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......down in Mahomed Golab's case considered to be the correct proposition of law regarding the scope of the suit seeking setting aside of the ex parte decree on the ground of fraud. In the case of Azizur Rahman Vs. Sudhangshu Kumar Mitra and another reported in 4 DLR, 636 scope of the suit filed seeking..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e. The Petition having not been filed according to rule 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petition......e. The Petition having not been filed according to rule 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petition......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......ision (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 103

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......……..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) instructed by Syed Mahbubur Rahman, ..

Category: Criminal Law | Date: | Hits: 34

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......id decision of the Government of awarding the respondent a scholarship to enable him to do his PhD and thereafter to be absorbed in the Government service had disappeared. The late President Ziaur Rahman having been apprised of this mischief ordered an investigation into the matter. Consequ..

Category: Employment/Service Law | Date: | Hits: 69

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ......order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......ppellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Tahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. ..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... Abdur Razaque Khan, Additional Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respon­dent No. 2. Criminal Petition for Leave to..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ra vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs My..

Category: Constitutional Law | Date: | Hits: 221

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The ap..

Category: Criminal Law | Date: | Hits: 184