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Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....ner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to A......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......d…………………(4) Case Referred To: Commissioner of Customs vs Giasuddin Chowdhury 50 DLR (AD) 129. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructe......bsp;           AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip..

Category: Business or Commercial Law | Date: | Hits: 155

Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)

....p; Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......ases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R..

Category: Employment/Service Law | Date: | Hits: 72

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

.... AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 19......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent. Civil Appeal No. 36 of 1996. ......a Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Pradip Kumar Chakraborty …………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respo..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......uit it brooks further litigation. But in specific situation such rule is relaxable……(7)  Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respo......mal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed & ors……………………...

Category: Property Law | Date: | Hits: 65

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

....er does not arise……………(13)  Cases Referred to- Mvi Md Khurshid Alam vs. Secretary, Ministry of Law, Justice and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 B......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......l J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………...

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

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

.... Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………………&......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ......Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others………………………&hellip......Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………&helli..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. Mahmudul Islam, Attorney ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......r by the President under article 134 of the constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the P......p; Latifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……&he..

Category: Employment/Service Law | Date: | Hits: 89

Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sujit Kumar Majum......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... to dismissal…………………………(3)  Lawyers Involved: Md. Serajul Haq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Not represented—The Res......ar Majumdar…………………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…&hell..

Category: Administrative Law | Date: | Hits: 144

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....bsp;                                Md. Abdur Rouf J             &nbs......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......secution could not prove the case against the accused beyond reasonable doubt………………………(4 & 5). Lawyers Involved: B Hossain, Advocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— F......nbsp;               State…………………………... Petitioner Vs. Md. Minhazuddin Khan... ……………………&hell..

Category: Criminal Law | Date: | Hits: 59

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....e is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) Lawyers Involved: Kazi Golam Mahboob, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the petitioner. Mahbubey Alam, Advocate, instructed by Chow......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ……………….Respondents Judgment May 15, 1997. ..

Category: Employment/Service Law | Date: | Hits: 98

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....so Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......in favour of the petitioner as it is unconscionable to blow hot and cold in the same breach.     Lawyers Involved: Mainul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners (In both the petitions). Not Repre......dur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministr..

Category: Employment/Service Law | Date: | Hits: 85

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....bsp;                            Latifur Rahman J Md. Abdur Rouf J              ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......sp;                           BB Roy Choudhury J Emran Hossain…………………………..Accused-Pet......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

.... ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......2. Briefly, the prosecution case was that, on possession it is apparent that they were with accused 3-1-92 at 3-45 AM on getting a secret information a police party went to the house of one Lokman Hossain at Mutuail Uttarpara (Konapara) within PS Demra, District Dhaka and cordoned that house whe......a Kamal J Latifur Rahman J   Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs.     State…………………....

Category: Criminal Law | Date: | Hits: 54

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....missed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners Vs. Tohidul Hossain Chowdhury and others …………………Respondents Judgment February 25, 1998. ......d. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners Vs. Tohidul Hossain Chowdhury and others …………………Respondents Judgment Februa..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ...... (Civil) Present: ATM Afzal CJ     Latifur Rahman J   Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner ......sp;  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o..

Category: Property Law | Date: | Hits: 69

Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)

..... ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......bsp; Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant     Vs. Mohammad Faruque ……………..Respondent Judgment ..

Category: Employment/Service Law | Date: | Hits: 68

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

.... Latifur Rahman J                             Md. Abdur Rouf J              &nb......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......LR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For ......ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....angladesh, 29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 DLR (AD) 43, Lieutenant General Moinul Islam Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of 1997; Col. Md. Hasmat Ali vs. Government of Bangladesh, 47 DLR (AD) 1;  Bangladesh vs. AKM Zahangir Hussa......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ....... AKM Zahangir Hussain, 34 DLR (AD) 173. Lawyers Involved: AR Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal ......sp;            Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ..

Category: Employment/Service Law | Date: | Hits: 77

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

.... hours and 44 ½ unless they work for more than 48 hours a week. …………..(19 & 23).  Lawyers Involved: Khalilur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant (In both the Appeals). Rokanud......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......y Md. Sajjadul Huq, Advocate-on-Record—For the Appellant (In both the Appeals). Rokanuddin Mahmood, Senior Advocate,(Abdul Momen Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 2-4 (In both the Appeals). Ex-parte......           General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others …………..

Category: Labour and Industrial Law | Date: | Hits: 134

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

.... claim fixation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner M Hafizullah, Senior Advocate, inst......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......ation of Taka one crore as bank guarantee for release of the ship cannot be interfered with…………..(4, 7 & 8). Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner M Hafizullah, Senior Advocate, instructed by ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgm..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235