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Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... Md. Yasin Ali and other ……………………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-Fo......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......…………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Ci..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......llip;……........Appellant Vs Md. Nurul Haque & others ...........Respondents Judgment November 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Hasan Faiz Siddi......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Mokbul Hossain (Md) Vs. Government of Bangla­desh and others, 2006, 35 CLC (AD)

.... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......udgment August 9, 2006. Cases Referred To- Monoranjan Mukherjee vs Election Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex pa...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tri­bunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 132

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ................Petitioners Vs. Md. Dukhi Mondal and others…………... Respondents Judgment April 5, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahi......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 35

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......e Mills Ltd vs. Chairman 3rd Labour Court 39 DLR 11; Lal Mamud Vs. Siraj Miah 45 DLR 638; Afsaruddin Ahmed Vs Banque Indosuez, 44 DLR (AD) 136. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Appellant. Mahmudul Islam, Senior Advocate (Probir Neogi, ......06. Cases Referred to- Fazlul Huq vs. Md. Tahed Ali, 47 DLR 326; Messrs Adamjee Jute Mills Ltd vs. Chairman 3rd Labour Court 39 DLR 11; Lal Mamud Vs. Siraj Miah 45 DLR 638; Afsaruddin Ahmed Vs Banque Indosuez, 44 DLR (AD) 136. Lawyers Involved: Syed Mahbubar Rahman, Ad......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......gladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Government of Bangladesh vs. Messrs ATJ Industries Limited and others, 28 DLR (AD) 120. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate (Dr. M Zahir, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record and......ernment of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Government of Bangladesh vs. Messrs ATJ Industries Limited and others, 28 DLR (AD) 120. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate (Dr. M Zahir, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......red To- Buchanen vs Wasley, 245 US 60 at p. 74; Rajahmundry Electronic Supply Corporation vs State of Andhra, (1954) SCR 779 at p. 780. Lawyers Involved: AF Hasan Ariff, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Appellant. Khan ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..............................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers Involved: Md. Firoz Shah, Advocate-on-Record—For the Appellant Dr. M Zahir, Senior Advocate, instructed by Nurul ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 117

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......k. 2000/- to the respondent as cost within three months failing which it will bear interest at the rate of 9% till realization…… ………(10 & 12) Lawyers Involved: ABM Khairul Huque, Advocate, instructed by Md. Nurul Huq, Advocate-on-Record, (absent)—For the Appellants. Asrarul......the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......lbaz Vs. Sarada Sundari Debya, 13 DLR 334; Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Moham­mad Ali, Advocate with him) in­structed by Md. Aftab Hossain, Advocate-on-Reco......ower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......e on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(20 & 23)  Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appel­lants. M Nurullah, Senio...... restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......o continue and if the appeal be not disposed of in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW M......d then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ...... 1973 SC 205, Virigante Navin Vs. Govt of AP and others (2001) 8 SSC 744; The Controller of Auditor Gunted of India Vs. KS Jagunath, AIR 1987 SC 53. Lawyers Involved: Md. Rafiqul Huq, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record— For the Appellant. Amirul Islam......unction and not a statutory function of the appellant and the High Court Division misconstruing the principle of law as laid down in SMS Samity Ltd Vs. Bangladesh and others, 39 DLR (AD) 85, Anjumane Ahmedia Vs. Government of West Pakistan, 18 DLR (SC) 517, Managing Director Dhaka WASA Vs. Superior ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......t Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte&......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......thers......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not represented—......y, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Se......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. .....................Petitioner Vs Government of the Republic of Ban­gladesh.......Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not repre......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ............................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not repre......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......78 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment May 17, 2006. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record— For the Petitioners (In Civil ...... Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Record—For the Responden......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)

....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......thers Ltd. Vs. Collector of Customs AIR 1958 Calcutta 232. Lawyers Involved: K.A. Bakr, Attorney-General with Sultan Hossain Khan, Deputy Attorney-General, instructed by A. W. Malik, Advocate-on-Record—For the Appellants. Aminul Haq, Advocates-on-Record For the Respond......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 92