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Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....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. ......oy Choudhury J Shahida Khatun………………………………………………Petitioner Vs. Abdul Malek Howlader and others………………&hellip......J Shahida Khatun………………………………………………Petitioner Vs. Abdul Malek Howlader and others…………………….Res......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. ..Category: Property Law | Date: | Hits: 71
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....………………………………………………… Petitioner Vs. Government of Bangladesh and others………………………&helli......lip;………………………………………………………… Petitioner Vs. Government of Bangladesh and others………………&h......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. ......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. ..Category: Property Law | Date: | Hits: 90
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
.... Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The Constitut......upreme Court Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... Giasuddin Chowdhury and another……………………...Respondents Judgment August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ ......Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another…………………......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. ......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. ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....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. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent ......r for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record— For th......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. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....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. ......fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner Vs. State…………………………&h......igh Court Division was not wrong in holding that the accused petitioner exceeded his right of private defence………………(8-12) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record—- For t......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. ..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....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. ......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Altaf Hossain…………..Accused-Appellant Vs. State…………….Respondent Judgment ...... of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instructed by Aftab Hossain, Advocate-on-Record—For the Petitioner. ......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. ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....al) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Code of Cr...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Co......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....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. ......M Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Motaleb Sheikh……………….Petitioner Vs. Md. Hasan Bali & another……………...Respondents&nbs...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Motaleb Sheikh……………….Petitioner Vs. ......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. ..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)
.... 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. ...... (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 Hossain and ors ……….Respondents ...... 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. ...... 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. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....r Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh……………………………&h......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....stion of sentence only are that PW 1 Md. Jakaria, Customs Intelligence Officer, got secret information on 16-7-90 that two foreigners would be coming to Dhaka from Singapore by Flight No.BGO81 of Bangladesh Biman with a huge quantity of gold. Accordingly, PW 1 along with another Customs intelli......(Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and another……………….. Appellants Vs. State……............Respondent Judgment February 1......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. ......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. ..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Governme......vil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....cyclone was not the proximate or immediate cause of this fault. Rule 29.4 of Rules and Rates for the supply of electricity as approved by the Ministry of Energy and Mineral Resources, Government of Bangladesh reads as follows: 29.4 underground service lateral “29-4-1 ......udhury J Chalna Marine Products Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others………………&helli......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 147
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works…………&......y Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respo...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....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. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Huq alias Md. Nurul Hoque…………………………..Petitioner Vs. State……………………………...Respondent Judgment June 4, 1997. Result......re as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner.......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. ..Category: Criminal Law | Date: | Hits: 95
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... the name of their uncle Haji Abdullah who on several occasions promised to rectify the record but unfortunately, he could not do so as he was killed by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. ......ein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of defendant Nos. 1-3 is forged, illegal, collusive and not binding upon them and...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others......................Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others...............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. ......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. ..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....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. ......pellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Advocate Md. Abdul Hamid……………….Petitioner Vs. Md. Fazlur Rahman……………………..Respondent Judgment February 15, 1998. ......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. ..Category: Election Law | Date: | Hits: 168