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Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... Bashar Vs. Collector of Customs 50 DLR 225; Commissioner of Customs and others Vs. Monohar Ali and 26 others 8 BLC (AD)87; Commissioner of Customs Vs. Bangladesh Trader(2004) 9 MLR (AD) 98. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by Mr. Mvi. Md. Wahidullah......General, instructed by Mr. Mvi. Md. Wahidullah, Advocate-on-record - For the Appellants. Not Represented – the Respondent. Civil Appeal No. 287 of 2001. (From the Judgment and Order dated June 24, 1998 passed by the High Court Division in Writ Petition No. 1970 of 1993) ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)

....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......sp;  Vice-Chancellor, University of Dhaka and others..... Petitioners Vs. Ahmed Ar Razi and others…....... Respondents Judgment April 26, 2009. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-......os. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007) Order MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment an..

Category: Civil Law | Date: | Hits: 103

Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)

....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......haka and others…………….. Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shah......per provisions of Section 28 of the Artha Rin Adalat Ain, 2003. 9. As no property of the now deceased Mr. Masudul Alam Chaklader was mortgaged with the said, bank and the learned Court vide Order No. 19 dated 11.07.2005 (Annexure-H series to the writ petition) clearly found that there is ..

Category: Civil Law | Date: | Hits: 106

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment   November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not rep......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..

Category: Others | Date: | Hits: 87

Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and oth­ers, 2008, 37 CLC (AD)

....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......others………Petitioners (In Civil Petition No.716 of 2007) Vs. Jogendra Nath Samaddar and oth­ers………………………Respondents (In both the cases) Judgment August 6, 2008. Lawyers involved: Shamsul Alam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Recor......nd the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the suit in question is maintainable under Order 1 Rule 1 of the Code of Civil Procedure as the plaintiffs cause of action arose from the same ..

Category: Property Law | Date: | Hits: 37

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......;……………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad, Senior Advocate with Su......as a British Company incorporated in London as "Rally Brothers" and after the liberation of the country the said property had been declared as an abandoned prop­erty under President's Order No. 16 of 1972 and it was notified in the Gazette and on 3rd April, 1975 an administrator was..

Category: Property Law | Date: | Hits: 42

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents Order March 08, 2009.  Lawyer Involved: Rafiqul Huq, Senior Advocate, instructed by Abu Sams Md. Khalequzzaman Adv...... J Md. Abdul Aziz J Director General, Bangladesh Agricultural Research Institute and others..... Petitioners Vs. Kazi Md. Sadequl Islam and others..... Respondents Order March 08, 2009.  Lawyer Involved: Rafiqul Huq, Senior Advocate, i..

Category: Employment/Service Law | Date: | Hits: 89

Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)

.... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... CJ M.M. Ruhul Amin J Md. Hassan Ameen J Md. Karam Ali..... Petitioner Vs. Md. Abul Hossain and others.... Respondents Order July 29, 2007.  Lawyers Involved: A. F. Hasan Ariff, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc......Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J Md. Karam Ali..... Petitioner Vs. Md. Abul Hossain and others.... Respondents Order July 29, 2007.  Lawyers Involved: A. F. Hasan Ariff, Senior Advocate,..

Category: Civil Law | Date: | Hits: 96

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

.... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......s Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others, Law Guardian (AD) Vol. 4 p- 125; Bangladesh Vs. Jaheruddin, 1986 BLD (AD) 180; The Principal Secreta......lowing the appeal reversing the judgment dated 27.1.1996 of the learned Additional Assistant Judge, First Court, Dhaka in dismissing the Miscellaneous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 pas..

Category: Limitation Law | Date: | Hits: 241

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246........ Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khaleq...... by Mr. Md. Aftab Hossain, Advocate-on-Record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 36 of 2008 with Criminal Petition No. 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) ..

Category: Criminal Law | Date: | Hits: 51

Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)

....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......he Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved: Rokanuddin Mahmood, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, A......e-on-Record- For the appellant. M. Khaled Ahmed, Advocate-on-Record- For the Respondent No.3. Not represented- Respondent Nos.1, 2 & 4. Civil Appeal No. 4 of 2000. (From the Judgment and Order dated 6th July, 1999 passed by the High Court Division in Writ Petition No. 1526 of 1999) J..

Category: Civil Law | Date: | Hits: 92

Simon Singh Vs. State, 2008, 37 CLC (AD)

.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... Simon Singh............................... Petitioner Vs. The State.....................................Respondent Judgment May 4, 2008. Result: The Jail Petition is dismissed. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Petitioner. Mohammad Ali, Deputy Attorney G...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..

Category: Criminal Law | Date: | Hits: 47

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ....... Joynul Abedin J Md. Abdul Matin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not repr......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......d Ismailuddin Sarker J The Director General, NSI............Appellant Vs. Sultan Ahmed...........................Respondent Judgment December 14, 1995. Lawyers Involved: A. W. Bhuiyan, Additional Attorney General, (B. Hossain, Deputy Attorney ......d-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of 199..

Category: Employment/Service Law | Date: | Hits: 119

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ....... Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and oth­ers............Respondents Judgment July 27, 1999. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-o...... Hannan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order dated 3-6-97 passed by the High Court Division in Writ Petition No. 2042 of 1994) Judg..

Category: Property Law | Date: | Hits: 35

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......ern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, A......l Hossain, Senior Advocate, Instructed by A.S.M. Khalequzzaman-For the Respondent No. 2. Not represented-Respondent No. 1. Civil Appeal No. 125 of 2002. (From the Judgment and Order dated 9.2.2002 passed by a Division Bench of the High Court Division in Writ Petition No. 312..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......am J Government of Bangladesh and another.......................Appellants Vs. Sheikh Munsur Rahman.....................Respondent Judgment July 14, 2004. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advo......ord-For the Appellants. Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 49 of 2000. (From the Judgment and Order dated 31st March, 1998 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 3..

Category: Administrative Law | Date: | Hits: 94

Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)

....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......lip;…………………….. Appellants Vs. Abdul Mannan Lasker and another .......Respondents Judgment March 23, 2004. Lawyers Involved: A.J. Mohammad Ali, Additional Attorney General, instructed by Ataur Rahman......structed by Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 50 of 1997. (From the Judgment and Order dated 26th September,1994 passed by the Administrative Appellate Tribunal in Administrative A..

Category: Administrative Law | Date: | Hits: 103

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... The State...........................................Respondent Judgment April 6, 2004. Case Referred to- Nikunja Bihari vs. Special Tribunal, 27 DLR 309. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o...... General appearing for the respondent, frankly concedes that he finds it difficult to defend the conviction. However he brought to our notice sections 14 and 15of the Essential Commodities Control Order, 1981 and also the case of Nikunja Bihari vs. Special Tribunal reported in 27 DLR 309. ..

Category: Criminal Law | Date: | Hits: 70

Nizam Hazari Vs. State, 2004, 33 CLC (AD)

....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......smissed. A review is never meant nor can be allowed to be utilized as another oppor­tunity for rehearing a matter which has already been closed by a final judgment……………………..(7) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-F......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..

Category: Criminal Law | Date: | Hits: 53