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Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......ladesh vs. Amela Khatun and others 53 DLR (AD) 55.   Lawyers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners.   Kazi S Ahmed, Advocate-on-......ers Involved:   Mahbubey Alam, Additional Attorney-General, instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners.   Kazi S Ahmed, Advocate-on-Record — For the Respondents.   Civil Petition for ......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ......e adversely affected by the order were not brought before the court in accordance with law.........(10)   Lawyers Involved-   SR Pal with AR Yousuf Senior Advocates instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Appellants. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......ernment of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112.   Lawyers Involved-   Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellants.   Rokanuddin Mahmud, Senior Advoc......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ...... to determine the tenancy has not contravened any of the provision of the Transfer of Property Act or the Premises Rent Control Ordinance.   Lawyers Involved:   Mustafa Niaz Muhammad, Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record - For the Appellant.   Dr. R......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......hority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advocate-on-Record— For the Petitioner Syed Ish...... the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advocate-on-Record— For the Petitioner Syed Ishtiaq Ahmed, Senior Advocate, Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman Advocate-o......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......stion the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they were not parties.   Lawyers Involved:   Md. Aftab Hossain, Advocate-on-Record—For the Petitioners.   Not represented—The Re......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ..

Category: Property Law | Date: | Hits: 63

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

....  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......nd also while in his house the husband is to explain under what circumstance the wife met with her death.    Lawyers Involved:   Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner   ...... to be tried. Before the trial Court only three witnesses have been examined and they are the informant and Investigation Officer, SI of Police Rabibul Islam, Samad, brother of the deceased and Dr Ahmed Ali Akon who held the postmortem examination over the dead body of deceased Sabila Khatun. Th......  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..

Category: Criminal Law | Date: | Hits: 52

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on-Record—For the Appellants. Mahbubey Al......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..

Category: Procedural Law | Date: | Hits: 114

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ......industan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. ......d upon the irrevocable power of attorney opened by Janata Bank and when the said amount has been negotiated by the Bank of Tokyo the goods having been supplied by M/s Yama Moto Co Japan and Ms. Ahmedia Garment, Bangladesh having received the said, though allegedly not to be up to the contrac......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ..

Category: Civil Law | Date: | Hits: 115

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

....   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......guise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4)  Lawyers Involved:   KM Shahidul Huq, Advocate-on-Record—For the Petitioner   Sk Afzalur Rahman, Advocate,......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ..

Category: Property Law | Date: | Hits: 43

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

.....   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ......sive on the formation of the committee…………………………(7)  Lawyers Involved:   Dr. Kamal Hossain, Senior Advocate instructed Sharifuddin Chaklader Advocate-on-Record—For Petitioner   .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ..

Category: Election Law | Date: | Hits: 158

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......hamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin ......Case No. 17 of 1994. 2. The prosecution case, in short, is that one Md. Thakur Dhaon Miah alleged, inter alia, that his niece Salma Khatun (deceased) aged about 7/8 years, daughter of Hossain Ahmed after taking meal went out of the house on 28-5-1993 at about 10-30 hours for playing but she ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..

Category: Criminal Law | Date: | Hits: 59

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ...... Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18 QB 271.   Lawyers Involved:   Sayed Ishtiaq Ahmed, Senior Advocate, Dr. Kamal Hossain Senior Advocate, TH Khan, Senior Advocate, Alam and Nihad Kabir Advoca......     BRAC and others ……………….………Appellants   Vs.   Professor Mozaffar Ahmed and others……Respondents   Judgment    &nb......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ..

Category: Constitutional Law | Date: | Hits: 199

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......a decree obtained by fraud or such other relief gained out of fraud.  Lawyers Involved:   Abdul Quayuam, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record-For the petitioner   Not represented—The Respondents...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ..

Category: Procedural Law | Date: | Hits: 97

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......e of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11)   Lawyers Involved:    Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant.   ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ..

Category: Criminal Law | Date: | Hits: 55

Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)

...., facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ...... Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law.   Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record—For Petitioners. (In all cas......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ..

Category: Labour and Industrial Law | Date: | Hits: 115

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......on 304, part II of the Penal Code as because the respondent had neither any object of murdering anybody nor was there any such intention……………….(7) Lawyers Involved:  B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Respondents. Criminal Appeal No.7 of 19...... so in the instant case, which was a case of gruesome double murder. We, however, hold that the other respondents, namely, respondent No. 1 Abdul Baker, respondent No. 4 Kabir, respondent No. 5 Monir Ahmed and respondent No. 6 Abdul Latif are entitled to get the benefit of doubt. 6. Now we are to...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ..

Category: Criminal Law | Date: | Hits: 55

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by Shar Uddin Chaklader, Advocate-on-R...... notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by Shar Uddin Chaklader,......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..

Category: Tenancy Law | Date: | Hits: 70

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ...... earning profit for payment of bonus, does not arise……(5)  Lawyers Involved:   Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record  For the Appellant (In all the cases).   Md. Nawab Ali, ......visions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5)  Lawyers Involved:   Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record  For the Ap......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated…….(8)  Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ..

Category: Employment/Service Law | Date: | Hits: 83