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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....istan vs. Begum Agha Shorish Kashmiri, 21 DLR (SC) 1; Sajeda Parvin vs. Bangladesh, 40 DLR (AD) 178.   Lawyers Involved:   Rafique-ul-Hoque, Senior Advocate, (Kazi Shahadat Hossain, Advocate with him) instructed by Mvi Md Wahidullah, Advocate-on-......          Bimalendu Bikash Roy Choudhury J   Mostafizur Rahman...........Appellant    Vs.   Bangladesh, represented by the Secretary Ministry of Home Affairs an......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ..

Category: Constitutional Law | Date: | Hits: 191

Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

....e in the official record, municipal papers or with the Revenue authority……(8)  Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record—Fort the Appellants. Khandker Mahbubuddin Ahmed, Advocate, instruc...... Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. Shirely Anny Ansari …………………….R......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..

Category: Property Law | Date: | Hits: 64

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

....t of Bangladesh vs. Md. Abdul Karim, 47 DLR(AD) 146; Jahangir Kabir vs. Bangladesh, 48 DLR(AD)156. Lawyers Involved: Abdur Rab Choudhury, Senior Adv Mohammad Ali Senior Advocate with him)instructed by Md. Nawab Ali Advocate –on- Record- for the Petitioner. ......ur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Bashar ……………………...Petitioner Vs. Investment Corporation of Bangladesh & another………….. R......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..

Category: Administrative Law | Date: | Hits: 121

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

.... a person claiming release of such land…………………………(5)   Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahfuzur Rahman Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Recor......kash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. Secretary, Ministry of Land & others……………&helli...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..

Category: Property Law | Date: | Hits: 94

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on Record—For the Appellants. KS Nabi, Senior Advocate (HR Sharif Advocate w...... Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil ……………………..Respondent ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

....h acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record — For the Petitioners. Not Represented-For the Respondent....... A M Mahmudur Rahman J  Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. Hussain Mohammad Ershad ………………Responde...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..

Category: Constitutional Law | Date: | Hits: 170

Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)

....dur and others AIR 1918 (SC) 2181; Pakistan River Steamers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153. Lawyers Involved: Rafique-ul Huq, Senior Advocate (Khalil Rahman, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record &...... Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respond......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..

Category: Labour and Industrial Law | Date: | Hits: 127

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

.... expiry of the period of two months notwithstanding the subsequent rescheduling of the loan and repayment of ten percent of the outstanding loan. Lawyers Involved: A Rokonuddin Mahmood Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners. Tawfique Nawaz,......Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yaqub Mohammad and another ………………...Petitioner Vs. Bangladesh Bank and others ……….Respondents Judgment August 10, 1999. Result:......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..

Category: Banking Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....istant Collector of Customs, 1991 BLD (AD) 327. Lawyers Involved: Mahmudul Islam, Attorney-General (Bazlur Rahman Chhana, Deputy Attorney-General, with him), instructed by SB Barua, Advocate-on-Record — For the Appellants. Dr. Kamal Hossain, Senior Advocate (AFM Hasa......ahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman……………………. Respondent ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

....ssion was not required as the petitioner was not up-graded till framing of the Recruitment Rule 8 on 5-9-1990…………(7)  Lawyers Invoved: Abdus Sobhan, Advocate instructed by SH Siddique, Advocate-on-Record—For the Petitioner Not repres......p;            Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the Peopl...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..

Category: Administrative Law | Date: | Hits: 125

Billal Vs. State, 2000, 29 CLC (AD)

....eferred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. State, 29 DLR (AD) 269. Lawyers Involved: M Shamsul Alam, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Appellant. B Ho...... Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Billal …………….Appellant Vs. State…………….. Respondent Judgment  &......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..

Category: Criminal Law | Date: | Hits: 58

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....ff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid……(11)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Md. Moy......udhury J Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………&......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..

Category: Others | Date: | Hits: 84

Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)

....in view of the fact that an order for inquiry was pending as per the order of another Division Bench……..(5)  Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Petitioner ......Choudhury J Kazi Ebadul Hoque J Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others……………&......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..

Category: Others | Date: | Hits: 88

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....ellip;…………(11)  Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Advocate,......bsp;        Mahmudul Amin Choudhury J    Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respo......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....g a Bank Company. Appellants have locus standi to file the appeal……………………(22)  Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — ......u Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. AM Agha Yousuf and others…………………&hell......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..

Category: Business or Commercial Law | Date: | Hits: 107

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

.... the General Clauses Act contemplates repeal of an Act and not of a Regulation under the rule making power………(6)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. ......kash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………&helli......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..

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

Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)

....ure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner ...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………&hel......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..

Category: Procedural Law | Date: | Hits: 97

Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)

.... of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: Mvi Md Wahidullah, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. ...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abdus Sattar and others………………….Petitioner Vs. International Finance Investment and Commerce Bank Ltd…………......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..

Category: Business or Commercial Law | Date: | Hits: 115

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....or indicative of disregard to the permissive possession as such upto the successor of the original permissive possessor is exhausted.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate (With AA Chowdhury, Advocate) instructed by Md. Nawab Ali, Advocate-on-Record — For t......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy Commissioner & Custodian of the Vested Property & Non-Resident Property......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..

Category: Property Law | Date: | Hits: 59

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

....(AD) 111, SP Sampath Kumar vs Union of India, AIR 1987 (SC) 385 (Para 16) and JB Chopra vs Union of India, AIR 1987 (SC) 357 (Para 2). Lawyers Involved: Abdur Rab Choudhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioners. N......mudur Rahman J   Mahmudul Amin Choudhury J     Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others…&hel...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... 102(1).  Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Union of India, AIR 1987 (SC) 385 (Para 16) and JB Chopra vs Union of India, AIR 1987 (SC)..

Category: Constitutional Law | Date: | Hits: 151