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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....  ATM Afzal CJ.- This appeal, by leave, is from a majority decision of the High Court Division in Writ Petition No. 147 of 1991 discharging the Rule Nisi.   2. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government on 6-12-90, was ......ish Kashmiri, 21 DLR (SC) 1; Sajeda Parvin vs. Bangladesh, 40 DLR (AD) 178.   Lawyers Involved:   Rafique-ul-Hoque, Senior Advocate, (Kazi Shahadat Hossain, Advocate with him) instructed by Mvi Md Wahidullah, Advocate-on-Record —For the Appe......          Bimalendu Bikash Roy Choudhury J   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs an...... Bimalendu Bikash Roy Choudhury J   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents   ..

Category: Constitutional Law | Date: | Hits: 191

Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

....y of possession is required but we fail to agree with his submission as the law on this point is very clear. The consistent view of the higher Courts of Sub Continent is that not only a gift under Mohammadan Law but also under the Transfer of Property Act, a gift must be coupled with acceptance ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. Shirely Anny Ansari …………………….R...... Supreme Court Appellate Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another …………&hellip..

Category: Property Law | Date: | Hits: 64

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

....s of section 4 to 25……..(8)  Cases referred to- Md. Abdus Sukkur vs. Chairman, National Board Revenue and others, 17 BLD (AD) 43; Bangladesh Bank vs. Mohammad Abdul Mannan, 46 DLR (AD) 1, Government of Bangladesh vs. Md. Abdul Karim, 47 DLR(AD) 146;......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......ur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. R......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..

Category: Administrative Law | Date: | Hits: 121

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......kash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. Secretary, Ministry of Land & others……………&helli......dhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. Secretary, Ministry of Land & others………………Respondents..

Category: Property Law | Date: | Hits: 94

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on Record—For...... Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil ……………………..Respondent ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

....an J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Respondent Judgment ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... A M Mahmudur Rahman J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Responde...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..

Category: Constitutional Law | Date: | Hits: 170

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....MLR (AD) 137. ...... A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz, Advocate (Amirul Islam, Senior Advocate with him) instructed by Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent No......Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yaqub Mohammad and another ………………...Petitioner Vs. Bangladesh Bank and others ……….Respondents Judgment August 10, 1999. Result:......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..

Category: Banking Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....vs. Government of Bangladesh and others, 51 DLR (AD) 40; Collector of Customs vs. Abdul Hannah 42 DLR (AD) 167; Abdul Hannan vs. Collector of Customs, 40 DLR 273; 1992 BLD 5 44 DLR 127; 47 DLR 57; Mohammad Brothers vs. Collector of Customs 48 DLR (AD) 58; MA Hai vs. Trading Corporation of Bangla......s for appeal or refund within time his writ petition was not maintainable………(36)  Cases Referred to- Collector of Customs, Chittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199; Mostafizur Rahman vs. Government of Bangladesh and others, 51 ......ahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman……………………. Respondent ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......p;            Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the Peopl......;          Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Re..

Category: Administrative Law | Date: | Hits: 125

Billal Vs. State, 2000, 29 CLC (AD)

....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......mstances which lead to the irresistible conclusion that he abetted the murder of the victim…………………(12)  Cases Referred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. S...... Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Billal …………….Appellant Vs. State…………….. Respondent Judgment  &......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..

Category: Criminal Law | Date: | Hits: 58

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... Supreme Court Appellate Division (Civil) Present : Latifur Rahman CJ Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………&hel......udhury J Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………&......f the students to maintain better quality of education. In this connection respondent No. 1 has filed a Photostat copy of Memo No. 10-41/91/248 Education dated 22-4-92 sent by the Senior Assistant Secretary, Ministry of Education to the Director General, Secondary and Higher Secondary Education...

Category: Others | Date: | Hits: 84

Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)

....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......d: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Petitioner SS Halder Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Resp......Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others……………&......l Hoque J Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others………………………..

Category: Others | Date: | Hits: 88

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......u Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. AM Agha Yousuf and others…………………&hell...... the Chairman on 25-8-1999 that shareholder Mr. Asaduzzaman bearing folio No. 000029 nominated Mr. A Matin Khan for election to the office of director of the said bank by a letter addressed to the Secretary of the said Bank purported to have been written on 24-6-1999 and at the bottom of the sai..

Category: Business or Commercial Law | Date: | Hits: 107

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......nt. Section 6 of the General Clauses Act contemplates repeal of an Act and not of a Regulation under the rule making power………(6)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the App......kash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………&helli......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..

Category: Employment/Service Law | Date: | Hits: 69

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J   Mahmudul Amin Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitio......mudur Rahman J   Mahmudul Amin Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others…&hel......n Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others………………&hellip..

Category: Constitutional Law | Date: | Hits: 151

Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)

.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......yers Involved: Fazlul Karim, Senior Advocate, instructed by AKM Shahidul Haque, Advocate-on-Record — For the Petitioners. Subrata Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Not represented — Responden......sh Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others…………………. Petitioners Vs. Shahabuddin and others……………... Respondents ...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..

Category: Property Law | Date: | Hits: 71

Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......tion because of gazette notification relating to delimitation of words. ……….(7)  Lawyers Involved: Md. Nazmul Huque Nasim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner Mahmudul Islam, Attorney-General, i......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. R...... made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, briefly stated, are Prior to the impugned Notification respondent No. 2, the Deputy Secretary (Poura) Local Government Division, Ministry of LGRD and Co-operative of the Government of..

Category: Others | Date: | Hits: 82

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ...... Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Resu......Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment Decembe......: 52 DLR (AD) (2000) 82. ..

Category: Constitutional Law | Date: | Hits: 829

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......n ex parte order of dismissal of the suit for default.………………..(13). Lawyers Involved: Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Ex parte—the Respondents. ......sp;               Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...R......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... appellant Jharna Rani Saha, as informant lodge written ejahar with Sadar Police Station Distill Narayangonj on 12-8-97 implicating accused respondent No. 1 co-accused Masud, Liton and Ismail Hossain in the commission of the offence abducting her minor daughter Lata Rani Saha with intention......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Responden......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Criminal Law | Date: | Hits: 48