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Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ......nment of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructe......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......f Gujrat, AIR 1987(SC), 2348; VT Kanzode Vs. Reserve Bank, AIR 1982, (SC) 917, AIR 1951 (SC) 3 IS; TR Kapur Vs. State of Haryana AIR 1987 (SC) 415; PD Aggarwal Vs. State of UP AIR 1987 (SC) 1976. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney­-General, instructed by B. Hossain, A......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......nbsp;                            July 14th, 1981. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record -For......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦(15) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Adv......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Adv......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......n Tourism Development Corporation, AIR 1987 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate w......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......erred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers Involved: Salauddin Mahmud, Advocate instructed by ASM Khalequzzaman, Advocate-on-......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-o......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ve Petition and it is dismissed………(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......of the Printing Presses and Publications (Declaration and Registration) Act 1973 as Printer and Publisher of the daily Ittefaq for the Company. Mr. Anwar Hossain continued as the Minister under the Martial Law Government of HM. Ershad upto 6-12-1990 and Mr. Akhtarul Alam continued as the editor ......ector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111. Lawyers Involved: Rafiqul Huq, Senior Advocate, Rakonuddin Mahmud, Senior Advocate (MK Rahm...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......s. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advoca......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... 725; AIR 1935 (Lahore) 914; AIR 1916 (Cal) 570; EM Visvandhan Chetty and two others vs. Arunachelam Chetti, ILR 44 Mad. 100; Khazan Chand vs. Moti Singh and another, AIR 1935 (Lahore) 914. Lawyers Involved: Shamim Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Rec...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-o...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ......urchase. Prayer for pre-emption is not maintainable……………(13) Case Referred to- Md Abbas Ali vs Md Osman Ali (Minor) and others 37 DLR 324. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... to appeal before the Appellate Division is an unnecessary exercise which has caused the petitioner long three years. This is highly deprecated. …………….(12) Lawyers Involved: Abdul Malek, Advocate instructed by Md. Nawab Ali, Advocate-on-Record&mda......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 51

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ...... without complying with the provisions of law. The case is set back for trial rightly in accordance with law……………………(10, 11 & 12) Lawyers Involved: AKM Nazrul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Advo......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 95

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissed……..(9 & 10) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record for the petitioners (In both t......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ...... = 35 DLR 79; Akhtarun Nessa and another vs. Habibullah and others 31 DLR (AD) 88; Abdus Samad vs. Md Sohrab All 33 DLR (AD) 113; Motilal Sikder vs. Benodini Dasi 28 DLR (AD) 5; 14 DLR 847. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......LR (AD) 15; Aziza Khatun vs. State 19 DLR 354; LD Jaikwal vs. State of UP AIR 1984 (SC) 1374; Abdul Karim Sarker vs. State, 38 DLR (AD) 188; Asharam M Jain vs. AT Gupta, AIR 1983(SC) 1151. Lawyers involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mainul Hosein, Senior Advo......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 64

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......in the Writ Jurisdiction as there could be conflicting decisions. Moreover the order passed by the High Court Division being not a speaking order, it cannot be sustained…..(8) Lawyers Involved: MG Bhuiyan, Advocate-on-Record—For the Appellant. Ansarul...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..

Category: Banking Law | Date: | Hits: 101