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Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)

.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......ip;…………. Plaintiff-Appellants Vs. Chairman Bewa and others…………..Defendant-Respondents ....... The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Appellants. Ex-Parte — For the Respon...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..

Category: Property Law | Date: | Hits: 52

Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)

.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......ur Rahman J Bimalendu Bikash Roy Choudhury J Abdul Haque (Md) Deputy Commissioner………………………….Petitioner Vs. District Judgeship……….……………&he......) 15. ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..

Category: Criminal Law | Date: | Hits: 70

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

....; Bimalendu Bikash Roy Choudhury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Resp...... Bimalendu Bikash Roy Choudhury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs an...... non-application of mind. …………………………(31 & 33) Cases Referred To: Abdul Latif Mirza, 31 DLR (AD) 1; Shiv Prasad vs. State of MP, AIR 1981 (SC) 870; M Mahmood vs. Ban......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 191

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

....80. ...... Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. Shirely Anny Ansari …………………….R......ute owner of the aforesaid property. It is the further case of the writ petitioner that she along with her husband Dr. Ansari left for England in March 1971 leaving the house under the care of one Abdul but subsequently the Government declared the suit property as abandoned property under Presi......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. ..

Category: Property Law | Date: | Hits: 64

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

.... Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. Respondent Judgment A......ur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. R......ion 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; Jahangir......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

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

.... Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Ha...... 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. ......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)

....ision (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs...... 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. ...... 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)

.... 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: The ......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. ......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)

....n (Civil) Present: Latifur Rahman 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………&he......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 ...... Collector of Customs, Chittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199; Mostafizur Rahman 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......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)

....hellip;……………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………………………&helli......p; Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the Peopl......; A M Mahmudur Rahman J Abdul Khaleque (Md)…………………………...... 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. ..

Category: Administrative Law | Date: | Hits: 125

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

....w he got appointment as teacher of Kalashkati Degree College; that he having failed to improve his result upto the extended time on 22-6-97 his suit was not maintainable and that the Government of Bangladesh having not been impleaded the suit was bad for defect of parties. High Court Division fo......udhury J Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………&......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. ......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. ..

Category: Others | Date: | Hits: 84

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

....K Ruma, General Secretary, BIKASH and others……………………… Respondents Judgment April 4, 2000. The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well ......Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others……………&......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. ......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. ..

Category: Others | Date: | Hits: 88

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

.... was totally wrong to hold that the suit was not maintainable as the transaction was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: ......bsp; Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respo...... hold that the suit was not maintainable as the transaction was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Ad......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

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

....dhury 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………….Respondent......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. ......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

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy Commissioner & Custodian of the Vested Property & Non-Resident Property......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..

Category: Property Law | Date: | Hits: 59

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

....n J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others……&hellip......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......medy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman v...... 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. ..

Category: Constitutional Law | Date: | Hits: 151

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitioners Vs. State…………….. Respondent Judgment &nb...... Appellate Division (Criminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….…&helli......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..

Category: Criminal Law | Date: | Hits: 64

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

.... Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others…………………… Respondent ......hury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others………………&he...... The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For th......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..

Category: Employment/Service Law | Date: | Hits: 70

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

.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment&......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. R......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. ......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. ..

Category: Others | Date: | Hits: 82

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

....�……Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic......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......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 829

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