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Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

....e order of filing a petition of complaint by the complainant is liable to be quashed…………………(8)  Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-General, i......p;          Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. State another ………………………...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..

Category: Criminal Law | Date: | Hits: 69

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

....al WN 14: (AIR 1947 Cal 213); Sushama Roy vs. Atul Krishna Roy, 59 Cal WN 779: (AIR 1955 Cal. 624); Sri lswar vs. Gopinath Das, AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab ......a Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Pradip Kumar Chakraborty …………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respo......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... Appellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Pradip Kumar Chakraborty …………….Appellant Vs. Jamila Khatun B..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....es are left out in a partition suit it brooks further litigation. But in specific situation such rule is relaxable……(7)  Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. N......mal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed & ors…………………….......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ..

Category: Property Law | Date: | Hits: 65

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....ce and Ors., 50 DLR (AD) 82 and Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Abdur Razzaq, Advocate, instructed by Md Nowab Ali, Advocate-on-Record— For the Petitioner. Rafiqul......l J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others…………………….......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..

Category: Employment/Service Law | Date: | Hits: 69

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ts in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Fazlul K...... Present: ATM Afzal CJ Mustafa Kamal J Bimalendu Bikash Roy Choudhury AM Mahmudur Rahman J Chandan Mondal @ Kushal Nath Mondal and others……………………... Appellants Vs. Abdus Samad Talukder & others………………………... Respondents Judgment ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......n. 3. The defendant-appellants contested the suit contending, inter alia, that Tilottama Devi, wife of Bijoy Mondal, the original tenant took settlement of the land in suit in 1347 BS from Amulya Kumar Mustafi and started living there erecting huts. On her death her sons, Joyanto Nath Mondal and..

Category: Tenancy Law | Date: | Hits: 62

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

....d: Mahbubey Alam, Additional Attorney-General (B Hossain, Deputy Attorney-General and Bazlur Rahman (Chhana) Assistant Attorney-General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For Petitioners. Not represented- The Respondents. ......Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner Vs. Md. Jahangir Hossain and 65 others……………&helli......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ..

Category: Employment/Service Law | Date: | Hits: 81

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....ent under article 134 of the constitution and as such there is no ground for review………………(8)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate -on -Record — For the Petitioner. ......p; Latifur Rahman J   Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Rear Admiral AA Mustafa…………... Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Defence, Dhaka……&he......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..

Category: Employment/Service Law | Date: | Hits: 89

Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)

....during the period of service prior to dismissal…………………………(3)  Lawyers Involved: Md. Serajul Haq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. ......ar Majumdar…………………………. Appellant               Vs. Ministry of Local Government and Rural Development, Dhaka and others..…&hell......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sujit Kumar Majumdar…………………………. Appe..

Category: Administrative Law | Date: | Hits: 144

Ishaquddin Ahmed Vs. Commandant, School of Armour & Centre, Bogra Cantonment, Bogra & others, 1999, 28 CLC (AD)

.... A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a competent appeal……(4) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represente......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner Vs. Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….......hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ......hority passes an order on a competent appeal. We therefore find no ground for ultimate interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 144. ..

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

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....could not prove the case against the accused beyond reasonable doubt………………………(4 & 5). Lawyers Involved: B Hossain, Advocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Res......nbsp;               State…………………………... Petitioner Vs. Md. Minhazuddin Khan... ……………………&hell......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..

Category: Criminal Law | Date: | Hits: 59

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....row agreed with contention of the respondent, that being so, the Honorable Court did not find any ground to interfere………………………….(6) Lawyers Involved: Kazi Golam Mahboob, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the petitioner. Mahbubey ......Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ……………….Respondents Judgment May 15, 1997. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..

Category: Employment/Service Law | Date: | Hits: 98

Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....used to exercise their discretion in favour of the petitioner as it is unconscionable to blow hot and cold in the same breach.     Lawyers Involved: Mainul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners (In both ......dur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………Petitioner Vs. Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministr......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ..

Category: Employment/Service Law | Date: | Hits: 85

GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)

....e that re-employment is not legally permissible under the Rules of the Bank. ………………….(10) Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represen......sp;                 GM, Janata Bank………………… Appellant Vs. Md. Shah Alam Sarker………………... Respondent ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..

Category: Administrative Law | Date: | Hits: 148

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....ip;..Accused-Petitioner vs State…………………….. Respondent Judgment April 1st, 1998. Lawyers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not re......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)

....ssession of the arms under sections 19(a) and 19(f) of the Arms Act………………………(5)  Lawyers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record—For the Petitioners. Not re......a Kamal J Latifur Rahman J   Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs.     State…………………........rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ..

Category: Criminal Law | Date: | Hits: 54

Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)

....fically when some of the accused on bail granted earlier remained absent and prayed for adjournment on that date………(4)  Lawyers Involved: Md. Hannan, Senior Advocate instructed by Md. Maul Hoque, Advocate-on-Record —For the Petitioners. Not ......hman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shajib (Md.) and others…………………….Accused -Petitioner Vs. Md. Abdul Khaleque Akand and another…………Complainant- Respo......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 119. ..

Category: Criminal Law | Date: | Hits: 61

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....ate in favour of the auction- purchaser cannot be withheld by parties not connected with the mortgage suit or with the mortgage execution case……..(6) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record — For the Petitioner (In Civil Petition No. 801 of 1997). MG Bhuiyan, Advoc......d. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners Vs. Tohidul Hossain Chowdhury and others …………………Respondents Judgment Februa......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

....e court cannot sit over its own judgment on re-hearing of the same points already decided without any new materials……..(8)  Lawyers Involved: Amir-ul-Islam, Senior Advocate, Supreme Court, instructed by Md Sajjadul Huq, Advocate- on-Record—For the Petitione......sp;  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Government of Bangladesh and o...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 69

Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)

....sh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah Advocate-on- Record —For the Appellants. Rafique-ul-Huq, Senior Advocate instructed b......bsp; Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant     Vs. Mohammad Faruque ……………..Respondent Judgment ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..

Category: Employment/Service Law | Date: | Hits: 68

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....0; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record — For the Appellant. Sirajul Huq, Senior Advocate instructed by ......ikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………&h......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80