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Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....e writ jurisdiction not on the basis of any accrued right but on the principle that in such matters the Government must not act arbitrarily and to satisfy the requirement of non-arbitrariness in a State action in is necessary to consider and give weight to the reasonable or legitimate expectatio...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ........foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....urt Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: ......preme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. R......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The Appeal is allowed. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on-Record—..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
.... Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acquisition and Tenancy Act, 1950 from the proper authority. He then put him in possession of...... Abdul Jalil Miah (Md) …………………………………………………..Appellant Vs. Niropama Ritchil and ors …………………&helli......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellants. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respon..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....resident’s Order No. 88 of 1972. It is, therefore, clear that respondent No. 4 could not claim redemption of the complete usufructuary mortgage as contemplated under section 95A of the State Acquisition and Tenancy Act, 1950, briefly, the Act and the order passed in the redemption ca...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………&helli......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ...... Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioners. ..Category: Property Law | Date: | Hits: 88
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ...... judicial powers of the Court provided under the Code of Civil Procedure. Reference may be made of the cases of Mujibur Rahman vs. Government al Bangladesh & Others 44 DLR (AD) III; Kazi Nazrul Islam vs. Bangladesh House Building Finance Corporation, 45 DLR (AD) 106. Moreover recently this D..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... ‘local authority’. In order to support, what seems to be a long-winding argument, Mr. Karim has, first, referred to Article 17 of the Constitution which provides, among other, that the State shall adopt effective measures for the purpose aforesaid and of relating education to the nee......sp; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
.... granted to consider whether Informant Mukhlesur Rahman deposing as PW I in the GR Case was a mere witness and whether only one of the victims of the incident had any locus standi to represent the State and depose that he would not prosecute the case or adduce any evidence in the case on his beh......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and others………………..Respondents , ......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ...... August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record-For the Appellants Nazrul Islam Chowdhury, instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondents Nos. 1-3...Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....997) 32 ......ate………………………………………………………….. Appellant Vs. Golam Mostafa & ors……………………......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... the Constitution. And its interpretation is inextricably linked with the (i) emergence of Bangladesh and framing of its Constitution. (ii) the Preamble and Article 7, (iii) Fundamental Principles of State Policy, (iv) Fundamental Rights and (v) the other provisions of the Constitution : Per Mustafa...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood C......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. ...... is the apex court of the country to interpret the Constitution in a manner in which social, economic and political justice can be advanced for the welfare of the state and its citizens. Mr. Mahmudul Islam, author of “Constitutional Law of Bangladesh” opined in his book as follows: “An expr..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants Vs. Profulla Bala Devi & others…………………......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....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. ......J Bimalendu Bikash Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others…………………&hell......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
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....h Roy Choudhury J Abdus Sattar…………………………………………..Petitioner Vs. State and another …………………………&......alendu Bikash Roy Choudhury J Abdus Sattar…………………………………………..Petitioner Vs. State and another ……………………&hel......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mokaddesh Mondal and Others...................Petitioners Vs. State and Others...................................Respondents Judgment Decem...... Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mokaddesh Mondal and Others...................Petitioners Vs. State and Others...................................Respondents Judgment ...... 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. ......hat can 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 Petitio..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....inter-Ministerial meeting held on 17-11-1979 with representatives from Ministry of Finance, Ministry of Petroleum and Mineral Resources and Ministry of Law & Parliamentary Affairs with the then State Minister of Finance in the Chair decided on a procedure to ensure that the windfall gains thu...... Meghna Petroleum Limited…………………………………………………Appellant Vs. Commissioner of Taxes (East Zone) Dhaka………………...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....ribunal 44 DLR (AD) 239; Asma Jalani vs. Government of Punjab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR (AD) 154; Helaluddin Ahmed vs. Bangladesh 45 DLR (AD) 1; State vs. Zia-ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan vs. Saeed Ahmed PLD 1974 (SC) 151......dur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents. Judgment Februar......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......iyan, 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 Nawab Ali, Advocate on-For th..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....entrusted by the Government with control or management of any municipal or local funds do not come within the scope of this rule.” All lands in a Native State which a Railway Company intends to relinquish should be made over to the State through the ...... Bangladesh Railway and ors. …………………………………………….Defendant Appellants Vs. Pranab Kumur Chakraborty and ors………………&helli......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. ......hellip;.(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-Record-For the Respondents...Category: Administrative Law | Date: | Hits: 130
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
.... Government of Bangladesh and others…………………………Respondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publica......lip;………………………………………………………… Petitioner Vs. Government of Bangladesh and others………………&h......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. ......rovince of East Pakistan vs. Secretary, Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) 281, Shah Md. Elias vs. Province of East Pakistan, 17 DLR 277. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitio..Category: Property Law | Date: | Hits: 90
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd AIR 1985 (SC) 330, Siliguri Municipality vs Amalendu Das AIR 1984 (SC) 653; Titaghur Paper Mills Co. Ltd. State of Orissa vs. AIR 1983 (SC) 603; Union of India vs. Oswal Woollen Mills Ltd. AIR 1984 (SC) 12......Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another…………………......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. ...... 1986 (SC) 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 Appella..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
.... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent Judgment ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
.... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. State……………………………&hellip......fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. State…………………………&h......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. ..Category: Criminal Law | Date: | Hits: 96
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