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State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...................Petitioner Vs. MA Malik……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Adv......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents Judgment August 18, 1994. Result: The appeal is dismissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul H......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......uddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment June 19, 1994. Result: The appeal is dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddiqu......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ............................ Defendant‑Petitioners Vs. Shahed Ali and others ....... ....................Plaintiff‑Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chakl...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate̴......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ce Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174; Dr. Ram Manohar Lohia vs. State of Biliar (1966) 1 SCR 709; AIR 1966 (SC) 740, 747 and (AIR 1983 (SC) 537,539‑40). Lawyers Involved: Asrarul Mossain, Senior Advocate, instructed by M Nawab Ali, Advocate̴......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......ff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed by Md.......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......eferred to- Khagendranath Nath vs. Umesh Chandra Nath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddiq......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ppeal is allowed. Cases Referred to- Abdul Quader Chowdhury vs. State, 28 DLR (AD) 38, Farruk Ahmed vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Bangladesh vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by M. Nawab Ali, Advocate-on -Rec......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......-Appellant Vs. Md. Jalaluddin Pramanik…………………Defendant-Respondent Judgment May 22, 1996. Case Referred To- B. Kunwar vs. Ranjit Singh. AIR 1915 PC 96= 42 IA. 202. Lawyer Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record â......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Officers’ Association of which he was the General Secretary and also President on several occasions two enquiries into his conduct were held. He was found innocent. After the proclamation of Martial Law in March 1982 self-same allegations were brought against him. The matter was referred t......[In Civil Petition No. 39 of 1994] Vs. Rakibuddin Ahmed and others……………………Respondents Judgment May 13, 1996. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Faiz Ahmed, Advocate with him...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... 227; 40 DLR 273; 42 DLR (AD) 167; Trade Channel vs. Collector of Customs (1992) 12 BLD) (HCD) 5; Abul Kashem vs. Bangladesh 47 DLR 57; Md. Brothers vs. Collector of Customs 48 DLR (AD) 58. Lawyers Involved: A W Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocat...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....nment were not successful till then. 7. The respondents and others filed writ-petitions in 1981 challenging the impugned and Rules were issued in those matters but with the promulgation of Martial Law on 24 March l982 the said writ petitions abated. Upon the withdraw Martial Law on 10 No......onal Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another……………&hell......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; Rahima Akhtar 40 DLR (AD) 23 and Pradhip Das 44 DLR (AD) 1. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Aftab Hossain Advocate......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ...... Nasrin Banu and 5 others…………………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-Gener......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ...... DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The State l0 DLR (Dacca) 321 ;(1945) 7 FC Reports 90 and (1945) FC Reports 93; 9 DLR (Dacca) 109 and 10 DLR (Dacca) 321 and 370; (29 CrLJ 1928.1958). Lawyers Involved: MA Wahhab Miah, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-Fo......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. Lawyers Involved: Rafiq-ul Haque, Senior Advocate, instructed by Shairifuddin Chaklader, Ad......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Respondent No.1. ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......…………… Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-R......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ...... & others 42 DLR (AD) 189. AC Jose vs. Sivan Pillai AIR 1984 (SC) 921; Occan Industries Ltd. vs. Industrial Development Bank, 18 DLR (SC) 354 Ambur Nair vs. Kelu Nair AIR 1933 (PC) 167. Lawyers Involved: Md. Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain,......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138