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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....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. ......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner &nbs......med, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 555 of 1996. (From the judgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Ju..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....termination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have been made without lawful authority and be of no legal effect, etc. A writ Bench, by the impugned order dated 1st Mar......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ......dvocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). J..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....n No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands inv......ent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......rd. (In all the appeals) — For the Respondent No.1. Not represented (In CA No 39 of 1994)— Respondent Nos. 2-4. Appeal Nos. 39-42 of 1994 (From the judgment and order dated 23 November 1992 passed by the High Court Division in Writ-Petition Nos. 41, 59, 84 and..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....ated in Road No. 138, the “Kha” list mentions the property to be situated at Road No. 137. Such a notice, the High Court Division held, cannot be considered to be a notice in the eye of law and the treatment of the property in question as an abandoned property and enlisting it in the......sp; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......etition for Leave to Appeal No. 526 of 1996. Judgment Mustafa Kamal J.- This petition for leave to appeal by the respondent-petitioners is from the judgment and order dated 16-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 328..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....aluludin, Bhuiya lodged an FIR at Kashba PS on 18-10-95 86 accused persons including these four petitioners alleging that on 17-10-95 at 6-00 AM the FIR named accused persons formed into an unlawful assembly armed with various weapons trespassed into the construction site of the informant, ......nbsp; Abdur Rouf and others... ……………….Accused-Petitioners Vs. ......Ali, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 2. Criminal Petition for Leave to Appeal No.105 of 1997. (From the judgment and order dated 2-7-97 of the High Court Division in Criminal Revision No. 512 of 1996). Judgment..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....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. ......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......tion for Leave to Appeal No. 430 of 1994 Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The ..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... 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. ...... Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment ......on For Leave To Appeal No. 378 of 1998 Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent No.2 petitioner is from the judgment and order dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the p..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....uildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 23-9-86 (Annexure ‘H’ to the writ petition) as abandoned buildings, without lawful authority and to be of no legal effect. 2. The writ-petitioner-respondent No.1, Anw......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......tructed by Aftab Hossain, Advocate-on-Record—For the Respondent No. 5. Not Represented— Respondent Nos. 2-4. Civil Appeal No. 39 of 1997. (From the judgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were imported by different importer-appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment.......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......ith Civil Appeal Nos. 11 and 12 of 1995. Judgment Latifur Rahman J.- These seven appeals by different importer-appellants, following leave, is against the judgment and order dated 16-8-94 passed in seven writ petitions, being Writ Petition Nos. 1781 of 1990, 287 of 1..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....t a monthly rent of Tk. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ......ftab Hossain, Advocate-on-Record — For the Petitioner. Not represented -Respondents Civil Petition for Leave to Appeal No. 1042 of 1997. (From the Judgment and order dated 30th April, 1997 passed by the High Court Division in Writ Petition No. 1871 of 1990). ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....ompany then moved (or driven to) the High Court Division in writ for relief which it got after two years of waiting. 7. By the impugned judgment the High Court Division upon considering the law and facts of the case declared the orders issued by petitioners No. I and 2 and impugned in th...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd...... November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the Na..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ...... J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Calmare Navigation Co. Ltd…………. Petitioner Vs. Mohammad Nurul Hoque and another……………………………&......der, Advocate-on-Record — For the Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 passed by the High Court Division, Dhaka in Civil Rule No. 282(f) of 1..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....inal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special Tribunal under......bsp; Abdur Rahman and others…………….. Appellants Vs. State ……&......e, instructed by Md. Nawab All, Advocate-on-Record — For the Appellants. Not represented— the Respondent. Criminal Appeal No. 34 of 1997 (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Ju..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....hould be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Governing Body of Kapilmuni College, represented by the Principal, Kapilmuni College…………… Petitioner Vs. Sheikh Roushan Ali and ors………….. Respondents Judgment July 8, 1997. Result: The petition is dismi......Non-Government Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before pass..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the plaintiffs on 10-8-62 a......sp; Saitan Bibi and others………………. Plaintiff-Appellants &......359 BS to 1372 BS. The trial Judge also believed the certified copy of MR Khatian No. 421, Ext. B recorded in the name of Pasiran Bibi in respect of the suit land. Ext. C, the certified copy of the order of the Revenue Circle Officer in a proceeding under section 19(1) of the State Acquisition Ac..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
.... impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discr......e was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable......Nawab Ali, Advocate-on-Record — For the Appellant. Amir Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 33 of 1997. (From the judgment and order dated June 18, 1997 passed by the High Court Division, Dhaka in Criminal Appeal No. 793 of 19..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... appellant had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering under a wrong notion about his respons......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon......bsp; The appellant was Deputy Commissioner Kurigram from 10-5-93 to 16-8-95. He has been convicted by a Division Bench of the High Court Division for contempt of court by the impugned judgment and order dated 23 June, 1997 and sentenced to simple imprisonment for 7 (seven) days and a fine of Tak..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... and others asking them to show cause as to why such proceedings would not be drawn as claimed. Accordingly, in two cases the local Officer-in-Charge of the Police Station was directed to maintain law and order in respect of the proceeding land. But in respect of the subject matter of Criminal P......llate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another……………………………&......lip;.Respondents Judgment January 15, 1998. The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs...... 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the gov..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....icient. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount to taking of possession. When the property is not capable of being delivered physically,......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ...... Appellants. Khandker Mahbubuddin Ahmed, Advocate, instructed by SH Siddique, Advocate- Record—For the Respondent. Civil Appeal No. 93 of 1999 (From the judgment and order dated 3-3-1999 p by the High Court Division in Writ Petition No. 7756 1997). Judgment ..Category: Property Law | Date: | Hits: 64
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