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Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

.... Rouf J Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent&n......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..

Category: Administrative Law | Date: | Hits: 149

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....……………….. (b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in Bangladesh. (2) any person, who contravenes any of the conditions of service as stated in su......sp;              Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment ...... local Sammilani Girls’ High School which is a ‘local authority’ within the meaning of section 7 (2)(e) of the Local Government Ordinance, 1983, reliance was placed on the case of Abdul Mazid vs. Abu Zaffar Mohammad Khalil & ors., 14 BLD (HCD) (1994) 488, which was a decisio......cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..

Category: Others | Date: | Hits: 85

Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)

....s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and others………………..Respondents , ......ip;..Appellants Vs. Mobaswir Ali and others………………..Respondents , Judgment August 20th, 1996 Lawyers Involved: Abdul Malek, Senior Advocate (SK Advocate with him), instructed by Md. Nawab Ali Advocate-on-Record......s under section 245(1) of the Code of Criminal Procedure.  For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ate………………………………………………………….. Appellant Vs. Golam Mostafa & ors……………………......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..

Category: Criminal Law | Date: | Hits: 120

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……&helli......le’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ……………………&he......epublic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………….Appellant Vs. Abdul Latif Chokder ………………………&hellip...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....a Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood C......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants Vs. Profulla Bala Devi & others…………………...... Kanshi Ram AIR 1917 (PC) 156; Ghulam Abbas vs Hashim 1969 SCMR 257. Lawyers Involved: PC Guha Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Abdul Aziz, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent.......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..

Category: Property Law | Date: | Hits: 88

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....alendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents  Jud......nbsp;     Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others…………&hell......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..

Category: Administrative Law | Date: | Hits: 133

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

.... (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants V......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. Mashiur Rahman and others…………………&hell...... B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Respondent No. 2. Not represented—Resp......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dh......ted by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………………………..Appellant Vs. AKM Yousuf Mia & others……………….Respondents&......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....was just and convenient to appoint a Receiver in respect thereof. In coming to this conclusion the learned Judges noticed that Shibajee Prasad had sworn an affidavit through the High Commission of Bangladesh to the effect that he had not executed any bainapatra or deed of sale in favour of defen......J Bimalendu Bikash Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others…………………&hell......case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..

Category: Property Law | Date: | Hits: 87

Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)

.... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Monir Ahmed Fakir and others ................Petitioner Vs. Abdul Jalil Munshi and others………………….R...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Monir Ahmed Fakir and others ................Petitioner Vs. Abdul Jalil Munshi and others………………….Respondents&nb...... having been exercised judiciously there is nothing for our interference. The petition is dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..

Category: Civil Law | Date: | Hits: 150

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Krishi Bank………………………&hell......y Choudhury J Bangladesh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………&h......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..

Category: Business or Commercial Law | Date: | Hits: 150

Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Fazlul Karim Chowdhury and (Md) and others………………………..Petitioner Vs. Lutfunnessa Begum and others ……………………………………………….Responde...... injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………..(6) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For th......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..

Category: Property Law | Date: | Hits: 101

Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)

....Procedure, 1898 (V of 1898), Section 179(c) The allegation of obtaining signatures of the complainant in blank papers at Jeddah and in pursuance of such Act withdrawal of money from Bank in Bangladesh attracts jurisdiction of Bangladeshi competent Court to take cognizance of the offence&......alendu Bikash Roy Choudhury J Abdus Sattar…………………………………………..Petitioner Vs. State and another ……………………&hel......n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..

Category: Criminal Law | Date: | Hits: 79

Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

....eferred to it against the appellant.  2. Material facts of the case are that, the appellant is a private limited company registered under the Companies Act, 1913 and established by the Bangladesh Petroleum Corporation, briefly BPC, a statutory Corporation established under the Bangl...... Meghna Petroleum Limited…………………………………………………Appellant Vs. Commissioner of Taxes (East Zone) Dhaka………………...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)

....;Plaintiff-Petitioner Vs. Md. Yunus and others ……………….Respondents Judgment November 16, 1997. The Constitution of Bangladesh, 1972, Article 103 The appeal was heard ahead of the date appearing on the notic...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahidullah (Md) …………………Plaintiff-Petitioner Vs. Md. Yunus and others ……………….Respondents ......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..

Category: Procedural Law | Date: | Hits: 94

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others………&hel......dur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents.  Judgment Februar......SC) 151; Pakistan vs. AV Issacs 11 DLR (SC) 371; Jeevaratnam vs. State of Madras AIR 1966 (SC) 951 and Fauzi Foundation vs. Shamimur Rahman PLD 1983 (SC) 457.  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General (M Farooq, Deputy Attorney-General with him), in......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....ellate Division (Civil)  Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………&hellip...... Bangladesh Railway and ors. …………………………………………….Defendant Appellants Vs. Pranab Kumur Chakraborty and ors………………&helli......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

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

.... 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. ......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment Nov...... was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, Advocate, (appeared with the leave of the Court) instructed by Shamsul Haque Siddique,...... 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. ..

Category: Procedural Law | Date: | Hits: 149