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Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....dants-the Secretary. Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7-12-1998 discharging the Rule thereby affirming the judgment and decree dated 16-11-1997 in Title Appeal No. 25 of 1997 pass......rest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shah..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....ed to him and that the last intimation that was given to him is on 1-2-2002 and after that the petitioner was not informed anything as to the fate of his prayer. Then the High Court Division issued Rule calling upon the respondent Nos. 1-3 to show cause as to why they shall not be directed to act......y of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....us Case No.4692 of 1997. The Miscellaneous Case was registered upon an application filed under section 498 (wrongly written as 496) of the Code of Criminal Procedure. The High Court Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was ......ized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidul..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
.... Judgment: Md. Fazlul Karim J.- The petitioner seeks leave to appeal against the impugned judgment and order dated 4-1-2005 passed in Criminal Miscellaneous Case No. 8505 of 2002 discharging the Rule under section 561A of the Code of Criminal Procedure for quashing the proceeding in Special Cas......formation Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ent Corporation represented by its Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the High Court Division in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect th......rogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and the Appeal is dismissed…………..(8 & 10) Lawyers Involved: MA Sobhan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....serving as Thana Family Planning Officer at Bamna Upazilla under District of Barguna, a departmental proceeding was drawn up against him on 12-3-1988 under Government Servants Discipline and Appeal Rules, 1985 as to the allegations of corruption and misconduct during his tenure of service at Kal......….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal Hossain Ansari, 55 DLR (AD) 65. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record— For the Appellant. Md..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....bo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 for waiver certificate and the same was issued on 21-12-85, the local agent applied to ......ch, acquittal and conviction under one Act will not automatically operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate wi..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....t for leave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petiti...... having given upon the writ petitioners before cancellation of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-o..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....etition for Leave to Appeal No. 831 of 1999 by which this Division upheld the judgment and order dated 27-2-2000 passed by the High Court Division in Writ Petition No. 1138 of 1995 discharging the Rule. 2. The petitioner filed the above writ petition challenging the orders dated 11-1-95 ......on merit. This is not permissible under article 105 of the Constitution. The Appellate Division cannot re-hear the matter on merit already disposed of. The review petitions are dismissed. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Petitioner (In all th..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....gment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated November 5, 2003 of the High Court Division in Civil Revision No. 1226 of 2003 discharging the Rule with a direction to the trial Court to dispose of the petition filed under Order XXXIX, rules 1......s quite correct in holding that the revisional application was not maintainable as because the order impugned in the revisional application was appealable. ……………………….(7 & 8) Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by ASN Khalequzzaman, Advocate-on-..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......eferred To: Moyezuddin and another vs State 31 DLR (AD) 37; Nazir Hussain vs Muhammad Shafi and others PLD 1965 SC 188 = 17 DLR (SC) 40; Md Ramjan vs Nasir Hossain 21 DLR (SC) 104. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rah..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....appeals were also dismissed and then the plaintiff filed the above two civil revisions and the learned single judge by the impugned judgment and order decided both the civil revisions and made the Rules absolute. The High Court Division decreed the suits. 3. Mr. Md. Fazlul Karim, the lea...... Abdul Kader and others vs AK Noor Mohammad 36 DLR (AD) 261; Mahaprabhu Ram vs Gopal Ram and others 42 DLR (AD) 158; Lal Meah and others vs Haji Md Ibrahim Meah and others, 28 DLR (AD) 61. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....d that the owner ceased to occupy, supervise or manage the property. 3. The appellant, being aggrieved by the judgment, filed the writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of ......abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
............Petitioners Vs. Khondaker Khairul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good gro......uiry Officer. Appellate Tribunal on correct appreciation of law and the materials on law was fully justified in allowing the appeal……………..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahid..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....The defendant-petitioner seeks leave to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confirming the judgment and decree dated 30-6-1996 of the Additional District Judge, First......Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DLR (SC) 309. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Ad..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ect: by order of the President and she was removed by an order passed by the Deputy Secretary of the concerned Ministry and, as such, it is clear that in passing the impugned order sub-rule (b) of Rule 4 of the Government Servants (Discipline and Appeal Rules), 1985 has been violated as the impu...... Because of pendency of a Criminal Case against the Appellant during the period of her removal, such removal was not a removal simpliciter, because of which she is entitled to protection of Law eligible to her……..(10) Lawyers Involved: Tabarak Hossain, Advocat..Category: Administrative Law | Date: | Hits: 128
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....gorous imprisonment for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be......llip;……………………………………………Respondent Judgment July 25th, 1991. Lawyers Involved: Alimuzzaman Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR 1983 (SC) 378; KC Gajpati Narayan Vs. State of Orissa , AIR 1953(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate,..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... 30, 1989 of the High Court Division passed in Criminal Contempt Case No. 3 of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court f......sham Hyder, 28 DLR (HD) 285; Ilkley Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates w..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.....- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1990 a Division Bench of the High Court....................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advoca..Category: Alternative Dispute Resolution | Date: | Hits: 202
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