Search Options
Judgment Advanced Search
Displaying 5681-5700 of 7038 results.
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ding in the Court of Metropolitan Sessions Judge Dhaka (arising out of General Register Case No. 489 of 2007, corresponding to Gulshan Police Station Case 34(6) of 2007 dated 13-6-2007), 2. The facts, in short, are that the respondent No. 1 as petitioner filed Writ Petition No.6576 of 2007 bef...... Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond......ulshan Police Station Case No.34 dated 13-6-2007 filed under sections 385/ 109 of the Penal Code, 1860, under the Emergency Power Rules, 2007, treating the offence alleged to be of public importance, evidenced by the Annexure C to the writ petition, should not be declared to be without lawful author..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....of 2003 should come up in the list for hearing on 16-6-2003. 2.The facts, in short, are that the respondents filed the present writ petition impugning the non-appoin...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsu......; 23. He further submits that the privilege to withhold evidence i.e. relevant for the dispensation of justice would cut deeply into the guarantee to pi du..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
.... the learned Advocate of the petitioner and perused the impugned judgment and order of the High Court Division as well as the judgment and order of the Court below. 8. Having regard to the facts, circumstances and the material evidence on record, it appears that the learned Judges of the......ul Kabir Chowdhury, J Md. Joynul Abedin, J A. B. M. Shamsuddin................................. Petitioner. Vs. Anowara Begum being dead her heirs 1. (a) Mahmuda Selina and others. ........................ Respondents. Judgement: November 16, 2006. ......resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Division having failed to consider the material evidence on record arrived at erroneous findings and decisions which are liable to be set aside. ..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....1 of 1993 refusing to treat the counter-claim filed by the defendant in the above suit as a plaint in the cross suit after the withdrawal of the above money suit by the plaintiff. 2. Brief facts are that the respondent, as plaintiff, filed the above money suit claiming decree for Ta...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....n J.- This appeal by leave is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to import skimmed milk powder and h......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Collector of Customs, Customs House Chittagong and others ................. Appellants Vs. AKM Salauddin .......................der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....here is a resentment among the dock sramiks for not constructing; this road and for not completing the project. 6. At it appears, the High Court Division, without considering the above facts at all, made the Rule absolute. The appellant No.1 having paid the full amount of compensati......vision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Chittagong Dock Sramik Parichalana Board and others .....................Appellants Vs. Shamsul Haque and others... ............ sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....for leave to appeal No. 47 of 2008 challenging the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal No. 4843 of 2007 granting bail to the respondent No. 2. 4. The short facts in Criminal Appeal No. 5 of 2008 are that Mir Md. Nasiruddin, a former State Minister for Civi......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sarder Md. Hashim Zaman and others.........Appellants Vs. Thana Nirbahi Officer, Mithapukur, Rangpur and o......id neither resolve the point at issue, whether the defendant Nos. 13-15 at all resigned on the dates mentioned above, as neither alleged by the plaintiffs nor discussed and considered the material evidence on the point. The said courts only and abruptly came to the finding that the said defendan..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....p; 2. Since both the appeals involved common question of law and facts they are being disposed of by this judgment. 3. The High Court Division after readin......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....in Muradnagar Police Station Case No.8 dated 22.06.2002 under sections 147/148/341/323/307/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the l......Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involve......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....e kabala (Ext.Ga-9 dated May 15, 1961) whereby Abdur Razzaque reconveyed the land which he purchased on July 26, I960 from Abdul Hamid plot number was mentioned as 8275, but in the totality of the facts and circumstances of the case the trial court arrived at the finding that the mistake in......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ......y the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the oral and documentary evidence arrived at the finding that defendant Nos.1-9's predecessor Abdul Hamid on the basis of th..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... in the schedule of the Rules of 1980 was made in 1986 and the writ petitioner having had the notice thereof joined in his service in 1995. So the aforesaid contention in the background of the facts of the instant case is of no merit. The learned Counsel for the petitioner could not point o.......................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....cquiescing the notification, for which acquiescence may also be inferred under the circumstances which may operate as well an estoppel by conduct. Though there is no estoppel against law but in the facts and circumstances of the case we have already found that the notification does not suffer fro...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi......t where a responsible officer exercised discretion vested in him, the Court can legitimately make a presumption that he did not act capriciously. However the presumption applies where there is evidence to show that the act itself was performed as the presumption is limits to the reg..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ....... Ed. ......uot;Mr. A.J. Mohammad Ali, the learned counsel appearing for the petitioners submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by th..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......petition is dismissed. Ed. ......rred by limitation." 5. On revision, the High Court Division, after hearing, discharged the Rule holding that the trial court as well as the lower appellate court considered all the evidence in details and recorded a clear finding that the preemptor could not prove that the pre-e..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....leave is directed against the judgment and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2. Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1......aiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ......ore, the Miscellaneous case was filed out of time. The case of the pre-emptor is that he first came to know of the kabala under pre-emption on 2nd Jaistha, 1388 B.S. The pre-emptor as P.W. 1 in his evidence stated that he came to know of kabala under pre-emption for his brother, Mozammel Huq (P.W..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....unts Officer not to pay the salary and allowances of the appellant for the current month. Therefore, in our view, the Ministry of Finance is not a necessary party in the background of the facts and circumstances of the instant case and the District Accounts Officer, Sirajganj who is alr......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....itioners seek leave to appeal against the judgment and decree dated 5-2-2002 passed, by a Single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confir......nce. The leave petition is dismissed. Ed. ......en filed Second Appeal No.205 of 1979 before the High Court Division which was allowed by the High Court Division. After detailed discussion of the depositions of witnesses of both sides and other evidence, the High Court Division believed the plaintiff-respondent's case. It also found that all ..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....e written statement within the stipulated time is merely directory and not mandatory as held in 47 DLR 326 and that the decisions reported in 39 DLR 11 and 45 DLR 638 being based on different facts are distinguishable and the High Court Division was not wrong in distinguishing the decisions...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....as a shareholder and constituted attorney of the other appellants. Thereafter, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the facts and circumstances appearing in the record, it appears that entire proceeding initiated in the ......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......t petitioners were British and Malaysian nationals and since section 14 of the Pakistan Citizenship Act in 1951 prohibited dual citizenship or nationality and the Writ petitioners did not furnish any evidence as to whether they were British or Malaysian or Pakistani citizens and, as such, the High C..Category: Business or Commercial Law | Date: | Hits: 114
23602359235623552354235323512350234923452344234323422341233923382337233423332332