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Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)

....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. ...... 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. ......8) 148. ..

Category: Procedural Law | Date: | Hits: 149

Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)

....(AD) (1998) 147. ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......un………………………………………………Petitioner Vs. Abdul Malek Howlader and others…………………….Respondents  ..

Category: Property Law | Date: | Hits: 71

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....(AD) (1998) 143; 1 MLR (AD) 1996, 379. ......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......lip;…………………………………………… Petitioner Vs. Government of Bangladesh and others…………………………Respondent..

Category: Property Law | Date: | Hits: 90

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

..... 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. ...... 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...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents  ..

Category: Criminal Law | Date: | Hits: 119

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

....eported 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. ......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. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner ..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....AD) (1998) 126. ......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. ......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Khandoker Saiful Islam…………………….Petitioner ..

Category: Criminal Law | Date: | Hits: 96

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....AD) (1998) 120. ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There havin..

Category: Criminal Law | Date: | Hits: 104

Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)

.... also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......Nawab Ali, Advocate-on-Record—For the Petitioner.  Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of ..

Category: Employment/Service Law | Date: | Hits: 94

Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

....This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......eme Court Appellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossai...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ..

Category: Tenancy Law | Date: | Hits: 93

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......ip;…………………Respondents  Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997).  B Hossa......;.Petitioner Government of Bangladesh………………………………….Petitioner vs Acqua Foods Limited and others……………………………Re..

Category: Business or Commercial Law | Date: | Hits: 117

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ......National of Britain and Australia and accused-appellant Major (Retd) Ashrafuddin Sekander of Criminal Appeal No.6 of 1996 along with Abu Taher Miah, Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were jointly tried in Special Tribunal Case No. 64 of 1991 by Special Tribunal No......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant  Bernhard Rudigar and..

Category: Criminal Law | Date: | Hits: 130

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....R (AD) (1998) 100. ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......mistake. Thus, judgment of the trial court granting the relief be restored. ……………………..(17 & 18) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appella......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&..

Category: Business or Commercial Law | Date: | Hits: 147

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

....petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.   The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......eason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involved: ......ifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Propert..

Category: Tenancy Law | Date: | Hits: 78

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......5 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Cou..

Category: Criminal Law | Date: | Hits: 95

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

.... dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Registration area for the benefit of the local people and passing of such order is well within jurisdiction of the respondent………………………..(9) Case Referred to- Kazi Mohd Amirul Islam Vs. Bangladesh, 1996 BLD (AD) 110. Lawyers Involved: MA Wahhab Miah, Advocate, instructe...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ..

Category: Employment/Service Law | Date: | Hits: 137

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....h is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ...... Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not contemplated under article 50, ..

Category: Election Law | Date: | Hits: 168

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....t aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......xcept that she was his (respondent No. 1) legally married wife and the four children were born Out of their marriage. It has been asserted, inter alia, that their marriage was solemnised according to Islami Sunna in England. Respondent No. 1 was running a restaurant business in London at that time a...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....so Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment  February......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment  February 5, 1997. Res..

Category: Property Law | Date: | Hits: 86

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... (Satyavir vs. Union of India, AIR 1986 (SC) 555); (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union of India, AIR 1975 (SC) 2164; Mehta vs. Union of India, AIR 1977 (SC) 1673); Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201; Ajay Hasia vs. Khalid Mujib Sarwardi, (1981) 1 ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N..

Category: Constitutional Law | Date: | Hits: 185