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Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....usiness by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at Bhatiary. He is......J Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ourt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashr...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ………………&hell...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 ..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant Vs. State and another……………….. Respondents ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury………………………. Appellant ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... Judgment: Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold ......ip;…………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other………&hellip...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....ted 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way......Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondent......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......D) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. and others............... Respondents Judgment ......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......ner Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referred to- Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (AD) 193, Azizul Haque C..Category: Procedural Law | Date: | Hits: 98
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....……………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …&hellip......ngshu Kumar Saha………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, a......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....nbsp; Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara ......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....purpose of counting his seniority in the post of Inspector of Taxes, 2. The appellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay o...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....i PS Case No. 10(10) 96 (OR Case No. 2923 of 1996). The case started on an FIR filed on 2-10-96 by AFM Mohitul Islam, receptionist- cum-resident PA at the Dhanmondi residence of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ments of Maj. Gen, (Retd.) Khalilur Rahman, Maj. Gen. (Retd.) KM Shafiullah, AVM (Retd.) AK. Khandker that the respondent was present at Bangabhaban on the occasion of oath taking of Khondkar Mushtaq Ahmed and she was said to be found very active there. The statement which Mr. Huq tried to take most..Category: Criminal Law | Date: | Hits: 115
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Jalaluddin alias Faruque and ors…………. Defendants- Petitioners Vs. Ehsanuddin and others.... Plaintiffs-Respondent Judgment May 13, 1996. Result: Th......rted in: 49 DLR (AD) (1997) 116 ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..Category: Property Law | Date: | Hits: 63
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....lso known as Babul…………………………………………….. Appellant vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali, and another………&h...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......D) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
.... Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment November 4th, 1996. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangla......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Resp......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......ce, Dhaka & others …………….. Respondents Judgment November 4th, 1996. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Healt..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....Mustafa Kamal J Latifur Rahman J Nurul Hussain………………………… Petition vs. Government of the Republic of Bangladesh…………….Respondent Judgment April 8th, 1996......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police arrested the affected persons who were put in jail. On being released from jail they somehow came back to Bangladesh, but their money was not refunded. The allegation prima facie attracts the mischief of th......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Noor Jahan Begum and another…………………………..Petitioners Vs. State, being represented by the Deputy Commissioner and another ……..Respondents Judg......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……&helli......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, M......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......Afzal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Responde......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......nclusion in his favour’. 10. In the case of Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197, a Division Bench of the then Dacca High Court, comprising of Amin Ahmed, CJ and Chakraborty, J. (judgment by Amin Ahmed, CJ) the plaintiff, a businessman of Karachi b..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd,...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….Respondent Judgment December 3rd, 1996 Cases referred to- Akhbar Shah vs. Yusuf Shah, 16 DLR (SC) 477; Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119; Abdul Hamid vs. Dr. Sadeque Au Ahmed 21 DLR 507; Sufia Khan..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The pe......ision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Jud...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. ..Category: Constitutional Law | Date: | Hits: 163
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