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AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)

....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......ustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J AKM Jamaluddin & others………………….Petitioners Vs. Mantu Lal Majumder………………….Respondents ......;….Petitioners Vs. Mantu Lal Majumder………………….Respondents Judgment May 25th, 1997. Lawyers Involved: Abdul Baser Majumder, Advocate, instructed by Abul Quasem, Advocate-on-Record — For Sit Petit......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..

Category: Procedural Law | Date: | Hits: 118

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

....                                Vs. Bangladesh Bank, represented by Governor and others…………….. Respo......Petitioners                                Vs. Bangladesh Bank, represented by Governor and others…………&hell...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..

Category: Administrative Law | Date: | Hits: 159

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......……………….Petitioner                       Vs. Md. Iqbal Ahmed and others…………………...... Md. Iqbal Ahmed and others………………….Respondents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. Abdul Aziz, Advocate, inst......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..

Category: Property Law | Date: | Hits: 84

Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)

....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......……...Plaintiff -Petitioner                          Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others…&helli...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Abdul Kaiyum (Md) …………………...Plaintiff -Petitioner ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..

Category: Property Law | Date: | Hits: 64

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....corporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooperation, now Bangladesh Sugar Mills Corporation as a Nation......llant                                 Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......nd Others………………..Petitioners                      Vs. Md. Hanif and Others………………..Respondent ......97) 134 ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respond......M Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J Shamsul Arafin Khan …………………..Appellant Vs. Kazal Miah and others………………… Respondents......n the case when the matter was taken up for hearing. 8. This practice of granting relief summarily without issuing any Rule is held to be illegal and unfair by this Division in the case of Abdul Wahab vs. Ali Ahmed reported in 44 DLR (AD) 55. In that view of the matter, the exercise of ......case when the matter was taken up for hearing. 8. This practice of granting relief summarily without issuing any Rule is held to be illegal and unfair by this Division in the case of Abdul Wahab vs. Ali Ahmed reported in 44 DLR (AD) 55. In that view of the matter, the exercise of jurisd..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....f Mr Abdur Rab Chowdhury, learned Advocate for the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of the National ...... Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others……………&hell......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....usiness by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at Bhatiary. He is......J Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

....ourt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashr...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ………………&hell....... 1 leased the disputed building to one. Md. Sayed as a monthly tenant on 15-4-74 While in possession Md. Sayed was dispossessed by 1 the Government and the disputed building was leased out to one Abdul Hakim Sarder, an employee of an Insurance Company. Respondent No. 1 submitted various represe...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..

Category: Property Law | Date: | Hits: 89

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... Judgment:        Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold ......ip;…………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other………&hellip......udgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General wit...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... Afzal CJ Mustafa Kamal J Md Abdur Rouf J BB Roy Choudhury J. State………………………Appellant vs. Abdul Khaleque alias Abdul Khaleq Howlader…………………&......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....ted 30 January 1992 of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way......Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondent......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner   Vs. United Commercial Bank Ltd. and others............... Respondents Judgment .................... Petitioner   Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referred to-  Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (A......nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ..

Category: Procedural Law | Date: | Hits: 98

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....……………..Petitioner                     Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …&hellip......ngshu Kumar Saha………………..Petitioner                     Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, a......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....nbsp;     Latifur Rahman J     Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara ......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....purpose of counting his seniority in the post of Inspector of Taxes, 2. The appellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay o...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h......(Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate instructed by Md Aftab Hossain, Advocate-on-Record —for the Appellant Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Shamsul Haque Siddique Advocate-on-......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....i PS Case No. 10(10) 96 (OR Case No. 2923 of 1996). The case started on an FIR filed on 2-10-96 by AFM Mohitul Islam, receptionist- cum-resident PA at the Dhanmondi residence of the then President of Bangladesh, Bangabandhu Sheikh Mujibur Rahman on the fateful night of 14 August, 1975 and related to......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner  Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Jalaluddin alias Faruque and ors…………. Defendants- Petitioners Vs. Ehsanuddin and others.... Plaintiffs-Respondent Judgment May 13, 1996. Result: Th......ment May 13, 1996. Result: The Petition is dismissed. Cases Referred to- Prodip Das and others vs. Kajal Das Sarma and ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..

Category: Property Law | Date: | Hits: 63