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Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... the appeal saying that the respondent having been removed from service for criminal conviction, there was no provision of appeal. The respondent asserted that at the relevant time he was a Class I Officer and the President was his appointing authority and, as such, he was the only competent auth..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....nnot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the family of the plaintiff…….(11) Lawyers Involved: SR Pal, Senior Advocate, instructed Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. Not......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....llip;.(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Respondent No. 2......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......Paper Book) that on 4-1-88 the regular presiding judge of the court was absent and his Advocate asked him to depose before another Judge who was in charge of that court and he did not ask the Bench Officer of the court whether the defendants had taken any step in the suit. Mr. B Hussain submitted..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....hat refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Chowdhury Md Zahangir, Advocate- ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....d Judges wrongly held that section 10A offends Articles 27 and 31 of the Constitution…………………..(9) Lawyers Involved: Dr Rafiqur Rahman, Senior Advocate, (M A Baqui, Advocate with him), instructed by Serajur Rahman, Advocate-on-Record&m......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......of the loan keeping the balance outstanding. The outstanding loan of the appellant having not been paid, Bangladesh Krishi Bank instituted two Certificate Cases in the Court of General Certificate Officer, Comilla, being, Certificate Case Nos.318 and 319/1986-87 for an amount of Taka 4,5,81,646...Category: Business or Commercial Law | Date: | Hits: 150
.... overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18)
Lawyers Involved:
Serajul Huq and Rafique-ul Huq, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Petitioners (In ......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......nce that a report can only be made under section 25 following an enquiry or investigation. Here the Ordinary meaning is required to be given to the word ‘report’ unlike a report filed by a Police Officer upon investigation. The High Court Division is plainly wrong in holding that “it is clear ..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....t must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. N......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... be done at the time of framing of charge or even after that if a higher section is attracted………………..(5) Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners.&n...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....8 (PC); Commissioner of Income Tax vs. Sitaldas Tirathdas, (1961) 41 ITR 367; PC Mullick vs. Commissioner of Income-Tax, (1938) 6 ITR 206. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Mvi Md. Wahidulla, Advocate-on-Record— For the Appellant. ......te of his will. The executors paid Rs.5,537.00 for Sradh expenses and Rs.1,25,000.O0 for probate duty and claimed deduction of this money to determine the assessable income. Their Lordships of the Judicial Committee observed: “The payment of the Sharadh expenses and the......isputed amount never reached the appellant as its income.………………………(23) Cases Referred to- S Naseem Anwar vs. Income Tax Officer 15 DLR 414; Tata Iron & Steel Co Ltd. vs. NC Upadhaya 96 ITR 1; Navaitlal C Javin vs. K..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
..... The learned Judges of the High Court Division rightly quashed the proceeding……………………(5) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate-on-Record— For the Petitioner. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....: Abdul Wadud Bhuiyan, Additional Attorney- General (M Farooq, Deputy Attorney-General with him), instructed by Sharifuddin Chaklader, Advocate on the Appellants. Dr. Kamal Hossain, Senior Advocate, (Amirul Islam and Shafique Ahmed, Senior Advocates with him) instructed by Md Nawa...... 22. It is clear that the grounds upon which the order of dismissal was being challenged were not such as were outside the purview of the Administrative Tribunal and that they needed the power of Judicial review of the High Court Division to be invoked. The simple case of the respondent has all......s, inter alia, that he qualified in the Central Superior Service and joined the Police service of Pakistan in 1967. He joined the liberation war in 1971 when he was posted as Sub-Divisional Police Officer at Jhenidah. Because of his gallantry and heroic performances in the liberation war he was ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....p;………….(12) Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Senior Advocate with him) instructed by M Nawab Ali, Advocate-on-......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......touch with the Railway authorities and to supply them all necessary papers for the purpose of getting lease of the land. Accordingly all necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ed person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Petitioner. Not ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ince of East Pakistan vs. Md Shahabuddin, 25 DLR 248, Province of East Pakistan vs. Haji Abul Hussain & another 22 DLR (Dhaka) 191, Province of East Pakistan vs. Secretary, Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) 281, Shah Md. Elias vs. Province of East Pakistan, 17 DLR 277. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......in the khatian No. 1 of respondent No. 1, but its area was wrongly recorded as 0.38 acre in place of the actual area of 65.38 acres. 3. In the year 1989 respondent No. 3 the Upazila Nirbahi Officer Baniachang claimed the said fishery as Government fishery and leased it out to one Rajendra..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....nnot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the writ petitioner…….(6) Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. KS N......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
....vision having found, apparent breach of section 95 in holding the impugned meeting granted the temporary injunction. No illegality in the order…………(12)
Lawyers Involved:
Moudud Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Petitioner.
Aktar Imam, Ad......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....C) 614 and Bank of Maharashtra vs. Race Shipping Transport Co Pvt. Ltd. and another, AIR 1995 (SC) 1368. , Gosling vs. Veley 12 QB 328 (407). Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
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