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Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)

....on as the courts below found that secondary evidence was given of those original documents………………(7)  Lawyers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not r......sp;              Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Re......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..

Category: Property Law | Date: | Hits: 72

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....hallenge the plaintiff’s right in the suit property however defective it might be, is correct.…………(5)  Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For......l Hossain……………… Defendant-Petitioner                   Vs. Khandaker Mujibur Rahman………………Plaintiff ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..

Category: Property Law | Date: | Hits: 69

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....decency on the part of Parliament. What looks indecent to others may, in fact, be constitutionally permissible ……..(8)   Lawyers Involved: Dr. Ahmed Husain, Senior Advocate, in person, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N......nbsp;                    Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Resp......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..

Category: Constitutional Law | Date: | Hits: 152

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....d another vs. Bangladesh Inland Water Transport Corporation and others 42 DLR 289; Haji Mohammad Suruj Miah vs. Haji Abul Hashem 20 DLR. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate — For the Appellant. Dr. M Zahir, Se......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respon......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....dent, Supreme Court Bar Association. Mahmudul Islam, Attorney-General for Bangladesh. Judgment ATM Afzal CJ.- By an application dated 1st February, 1999, Mr. Habibul Islam Bhuiyan, Senior Advocate and President of the Supreme Court Bar Association describing himself further as an officer......e high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam B......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..

Category: Others | Date: | Hits: 99

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....f the Deputy Commissioner. ………………(3)  Lawyers Involved: Khondker Mahbub Hossain, senior advocate instructed by Shamsul Hoque Siddique, Advocate- on-Record – For the appellants. Mvi. Md. Wahidullah, Advocate-on-Record&nd......zal CJ  Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgm......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

....nbsp;                      Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petitioner (In Cri......;                      Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and other...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....wyers Involved: KS Nabi, Attorney-General (Abdul Wadud Bhuiyan, Additional Attorney-General and Md. Sajjadul Huq, Assistant Attorney-General with him), instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented — The Respondents. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others………………&hell......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..

Category: Employment/Service Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

....the Institution and form an ad hoc Committee for three months…………………(14)  Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him), instructed by Chowdhury Md. Zahangir, Advocate- on- R......;       Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment  &n...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..

Category: Constitutional Law | Date: | Hits: 155

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

.... Cases Referred to-  Md. Ibrahim vs. Md. Alauddin, 27 DLR 413; Ranjit Kumar Ranjit vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: Md. Nurul Hoq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Mahmu...... (Civil) Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others…………&h......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......on under such circumstance order VI rule 7 of the CPC will not come into operation……(13)  Cases Referred to-  Md. Ibrahim vs. Md. Alauddin, 27 DLR 413; Ranjit Kumar Ranjit vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: Md. Nurul Ho..

Category: Property Law | Date: | Hits: 65

Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)

.... on the face of the record resulting in failure of justice, this court finds no ground for interference. …………..(6)  Lawyers Involved: Md. Nurul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioners. A...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners Vs. Abdul Khaleque Sheikh and others……………… Responden......;                     Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......he said Estate created certain documents for grabbing the suit land illegally. 3. Defendant No. 1 contended that the pattan in favour of the plaintiffs’ father is false. One Profullah Kumar Mitra took pattan of the suit Land in 1351 BS. Defendant No. 1 took pattan of the same from ..

Category: Property Law | Date: | Hits: 45

Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)

....aving restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6)     Lawyers Involved: Sultan Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Mah......afa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Quddus (Md) ……………….Petitioner Vs. Md. Mobarak Hossain……………Respondent Judgment......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ..

Category: Procedural Law | Date: | Hits: 118

BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

....e the court, granting of such interest on the award on appeal is not permissible. ………………..(6 & 7)  Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Petitioner. Shafique Ahmed, Senior Advocate, instructed b......bsp;  Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner                Vs. Nuruzzaman Khan Brothers……………….. Respondent......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

...., the same does not bind the BSRS not to have recourse to article 34 on the basis of the liability of the petitioner as claimed by it…..(5)  Lawyers Involved: S K Sinha, Advocate, instructed by Md. Sajjadul Haq, Advocate-on- Record— For the Petitioner. AK...... Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha…………………...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..

Category: Business or Commercial Law | Date: | Hits: 106

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

....otice afresh…………………(10 & 11)  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossain, Advocate-on- Record. (In all the appeals) — For the Appellant. Khandker Mahbubuddin A......ur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

....gh Court Division for protection of their fundamental rights………..(4)  Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate- on- Record — For the Petitioners. Shamsul Haque Siddique, Advocate-on-Reco......nbsp;        Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed Chand Sultana and others ……………….Respond...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..

Category: Property Law | Date: | Hits: 56

Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)

....er has not been given any power to judge the defence plea of alibi……………………(4)  Lawyers Involved: Jamiruddin Sircar, Senior Advocate, (Salma Masud Chowdhury, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-o......sp;               Abdur Rouf and others... ……………….Accused-Petitioners Vs. Jalaluddin and another... ……………….Respondents ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..

Category: Criminal Law | Date: | Hits: 66

Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....yor to estimate what was the state of the machineries, tools, equipment and vehicle etc five years before the inspection…....(7)  Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate- on- Record — For the Petitioners. ......;      Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and anot......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..

Category: Criminal Law | Date: | Hits: 68

Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)

....ppointment of Auditors for past years if no auditing has taken place……….(10)        Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Petitioner. ......p;                   Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment &nb...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..

Category: Business or Commercial Law | Date: | Hits: 100

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

....n of proviso (a) to section 5 of the Ordinance……(18)  Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney— General, instructed by Md. Sajjadul Hoque, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate (wi......bsp;                  Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..

Category: Property Law | Date: | Hits: 48