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Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgment Apri..

Category: Criminal Law | Date: | Hits: 57

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 …&he..

Category: Criminal Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..

Category: Constitutional Law | Date: | Hits: 155

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

....he initial stage the name of the plaintiff was recorded in respect of the land but subsequently the defendants collusively got the land recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for correcting the rec......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..

Category: Property Law | Date: | Hits: 65

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

....bsp;                February 12, 1998. The Arbitration Act, 1940 (X of 1940) Section 39 Awarding of interest on the decretal amount of award on appeal whereas no such interest had been determined by ......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)

....eged in its writ petition that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No....... 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

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

....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. ......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

Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)

.... including himself. Respondent No.2 made the false vendor’s agreement for his personal benefit. He continued to treat the private limited company as his own absolute property and ignored the interest of the petitioners and other shareholders. The company made a huge profit of Taka 4,61,86,...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..

Category: Business or Commercial Law | Date: | Hits: 100

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

....i RA there is no logic to consider the property of plot No.16 only as an abandoned property. (iii) Four years having already elapsed since the issuance of Rule Nisi on 22-2-89 in the interest of justice the writ petition cannot be rejected only because of institution of cases in t......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)

....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. ......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

Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)

....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......                  Abdur Rahman and others…………….. Appellants Vs. State ……………………………&hell..

Category: Criminal Law | Date: | Hits: 76

Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)

....tion. After taking delivery of possession the plaintiff by amicable partition with proforma defendant No.2 got the suit land and have been in exclusive possession of the same. Defendant No.1 has no interest and possession in the suit land. But defendant No.1 has recently created some dakhilas in ......e name of his wife. The story of pattan of the suit land in the name of his wife is fictitious and the plaintiff got the MR Khatian corrected in their names on application under section 143 of the State Acquisition and Tenancy Act to the Revenue Officer on 24-12-66. At this defendant No.1 became..

Category: Property Law | Date: | Hits: 52

Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)

....inued to suffer imprisonment, it is a fit and proper case in which the High Court Division should consider the case on merit also and then pass whatever order or orders it thinks appropriate in the interest of justice. In the result, the appeal is allowed. The case is remanded to the High......stafa Kamal J Latifur Rahman J Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Asiman Begum………........ Appellant Vs. State, represented by the Deputy Commissioner………………&helli..

Category: Criminal Law | Date: | Hits: 83

Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)

.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... of the district. 3. The appellant had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering u..

Category: Criminal Law | Date: | Hits: 70

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

....r the person is being detained without lawful authority or in an unlawful manner. The authority can never justify an order of preventive detention by merely saying that the action was taken in the interest of public safety and public order. It has to satisfy the High Court Division which is an o......hellip;………………(31 & 33)    Cases Referred To:   Abdul Latif Mirza, 31 DLR (AD) 1; Shiv Prasad vs. State of MP, AIR 1981 (SC) 870; M Mahmood vs. Bangladesh, 43 DLR 383; Baqi Baluch vs. Pakistan, 20 ..

Category: Constitutional Law | Date: | Hits: 191

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

....own Improvement (Amendment) Act, 1953 empowers RAJUK to dispose the acquired land by a sale, lease, exchange or otherwise and sub-section (2) of section 79 provides that acquisition of any land or interest in land for any scheme shall be deemed to be acquisitioned for public purpose within the m...... 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. ..

Category: Property Law | Date: | Hits: 94

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....the Bangladesh Bank gave no objection to the proposal subject to 10% down payment of the overdue loan. In that letter, it was also stated that the borrower company would have to pay the usual rate of interest on the rescheduled amount. On 30 September 1998 the Bangladesh Bank through its Joint Direc......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. ..

Category: Banking Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

.... 11. Section 19 reads as follows 19 General power to exempt from customs duties—(1) If the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so. It may, subject to such conditions, limitations or restrictions, if any, as in G......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Billal Vs. State, 2000, 29 CLC (AD)

....rest on 10-10-1993 after one year of the occurrence on 26-10-1992 and, as such, conviction of the appellant under section 302 of the Code is not illegal. He further submits that PWs 1 and 3 are disinterested witnesses and PW 3 is not a chance witness and, as such, trial Court as well as the High...... Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Billal …………….Appellant Vs. State…………….. Respondent Judgment    &n..

Category: Criminal Law | Date: | Hits: 58

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....llowed to the plaintiff to improve his result having expired on 22-6-1997 and he having not improved his result of Masters Degree he should not be thrust - upon the College to the detriment of the interest of the students to maintain better quality of education. In this connection respondent No.......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..

Category: Others | Date: | Hits: 84