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Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

.... of the High Court Division in Writ Petition No. 5101 of 1996 discharging the Rule Nisi and thereby affirming the impugned notification No. Spe: Aa: B I:(Ain)-32/96/205 dated 4-11-96 published in the Bangladesh Gazette on 21-11-96, appointing and recognising respondent No.1 Kyaw Sam Prue Chowdhury a...... ATM Afzal CJ  Mustafa Kamal J  Latifur Rahman J  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J  Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment  Decemb......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....70. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..

Category: Property Law | Date: | Hits: 73

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....R (AD) (1998) 65. ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh ………………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Resu...... The fourth charge established is that he had drawn traveling allowances during the period from 1986 to 1987 by presenting false bills. The fifth charge established is that he sat over TA bill of one Abdul Khaleque, a Fireman, for more than a year on account of his personal grudge and thus harassed ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..

Category: Administrative Law | Date: | Hits: 145

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)

....D) (1998) 63. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Telegraph and Telephone Board …………………………Defendant-Appellant Vs. Lithi Enterprises Limited….................................................Respondent ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..

Category: Alternative Dispute Resolution | Date: | Hits: 234

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....………………….. Appellant Vs. Abdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor c...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil……………………. Respondent [In Civil Appeal Nos. 56-58 of ......ion Judgment here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jali......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

.... contradiction in paragraphs 4 and 5 of the plaint. But on perusal thereof we do not find any contradiction in the said two paragraphs. In paragraph 4 it is stated that defendant Nos. 1-2 returned to Bangladesh in 1972 and they accepted Taka 1500.00 from the plaintiff and in total they received 9,50......a Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgmen......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..

Category: Property Law | Date: | Hits: 86

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....1998) 27, 3 BLC (AD) 6. ......al CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respon...... Joromonik Siem, AIR 1961 (SC) 276; Ramesh vs. State of Bihar AIR 1978 (SC) 327; Sant Ram vs. State of Rajasthan, AIR 1987 (SC) 1910; Lalit vs. Union of India, AIR 1972 (SC) 995); Pakistan vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105 = 13 DLR (SC) 100, West Pakistan vs. Din Muhammad, PLD 1964 (SC) 21 =......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....il) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petiti...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: Th......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..

Category: Others | Date: | Hits: 112

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ry J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. State…………………….Respondent (In both the Petitions) Judgment April 30, ......t: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

....ented from drawing its bills disrupting its business merely on a vague allegation that the defendants were trying to close down their business or that they have been trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) ......ustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....DLR (AD)(1998) 18. ......on (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mansur Ali Sikder……………... Petitioner Vs. Kanailal Banaajee & others…………………Respondents Judgment June 26, 1997...... issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioner. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..

Category: Property Law | Date: | Hits: 82

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....Abdur Rouf J and BB Roy Choudhury J Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others…..………………………………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………………………...... Md Abdur Rouf J and BB Roy Choudhury J Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others…..………………………………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………………â€......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..

Category: Property Law | Date: | Hits: 81

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others…………......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..

Category: Procedural Law | Date: | Hits: 138

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Samad Akand and others………….………………………... Appellants Vs. Abdul Halim Miji and others………….…………………………………. Respondent...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Samad Akand and others………….………………………... Appellants Vs. Abdul Halim Miji and others………….…………………………………. Respondents Ju......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..

Category: Property Law | Date: | Hits: 83

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....R (AD) (1998) 1. ......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....achineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and anchored at any port in Bangladesh………………..(16)    Lawyers Inv......nbsp;                  Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents  Judgme......f such goods and services to the ship in distress and anchored at any port in Bangladesh………………..(16)    Lawyers Involved:  Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

....bsp; Cases Referred to- Sk Tabibar Rahman Vs Election Tribunal 1981 BLD 298;  Hosne Zaman vs. Election Tribunal, 38 DLR 435; Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379; Md. Mokbul Hossain vs. Shamsul Alam and others 14 BLD (AD) 232.&n......ent:   Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Nazem Uddin .............................................Appellant Vs. Election Tribunal & Others...............................Respondents  Ju...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. Result: ......atifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1,......2. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Shahid Miah Vs. State, 2000, 30 CLC (AD)

....e accused fled away. Police upon investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an application on 23-8...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..

Category: Criminal Law | Date: | Hits: 109