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Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....l of this petition are that, added respondent No. 9 Mosharraf Hossain Darji lodged an FIR on 7-3-95 alleging that at about 7-00 AM on the same date the petitioner along with others by forming an unlawful assembly armed with deadly weapons attacked his brother Ishaque Darji causing bleeding injur......ry J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment August 11th, 1996 ......dvocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed by the High Court Division, Dhaka in Writ Petition No. 2647 of 199..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....rds, the assumption was that with the abatement of the writ petition the cause of action of the appellant for the writ petition had also abated. This assumption, we must say, is not well-founded in law or principle. With the promulgation of Martial Law all proceedings arising out of and in connec...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ......instructed AMM Monzurul Hasan, Advocate-on-Record — the Respondent No. 4. Not represented— Respondent Nos. 1-3. Civil Appeal No. 40 of 1992. (From Judgment and order dated 31st May, 1992 passed by the High Court Division Dhaka in Writ Petition No. 1950 of 199..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... and cancellation of the letter issued on 5-2-95 which ultimately led the petitioner to institute the suit. The learned Counsel submitted that the learned Judge of the High Court Division erred in law in granting the impugned order of stay and has virtually decided the merit of the case. i.e., t...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna ……………………..Plaintiff-Peti......raying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an order maintaining status quo in that respect until further order. On 25-6-95 the Court heard both ..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....y interim relief as has been sought for. 3. Mr. Awlad Ali, the learned Advocate appearing for the petitioner submitted that Administrative Appellate Tribunal has committed an error of law in not holding that the Administrative Tribunal acted illegally in refusing to stay operation o...... Md. Ismailuddin Sarker J Kamrul Hasan …………………………………..Petitioner vs Bangladesh and others…….………………..Respondent ......t: Md. Abdur Rouf J: Petitioner, an ex- Economic Councilor for Bangladesh, posted at Bangladesh Embassy in Stockholm has sought leave to appeal from the judgment and order passed on August 3 1995 by the Administrative Appellate Tribunal in Misc. Appeal No, 3 of 199..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no lawful authority in holding the office of Chairman of the said Union Parishad and he is liable to b......; Md. Abdur Rouf J. Mofizul Huq ………………...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 ......structed by Md. Aftab Hossain, Advocate-on — For the Respondent No. 1. Not represented—Respondent Nos. 2-11. Civil Appeal No. 60 of 1995. (From the Judgment and order dated April 26, 1995 passed by the High Court Division, Dhaka in Writ Petition No. 21 of 1995..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....bout 7-00 AM the informant with a view to purchasing ration articles for his shop came out of his house with money in his pocket. Accused respondents being armed with deadly weapons by forming an unlawful assembly attacked him and snatched away the money. At that time the accused-respondents als......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Mobarak Ali and others……………..Appellants Vs. Mobaswir Ali and ......sul Haque Siddique Advocate-on-Record— For the Respondent No. 8. Not represented — Respondent Nos. 4-7. Criminal Appeal No. 1 of 1996. (From the Judgment and order dated 31 by the High Court Division, in Criminal Miscellaneous No. 2113 of 1994) 49 DLR (AD)..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... against 5 accused including the respondents and under section 201 of the Penal Code against the OC Abul Kalam Azad who was still absconding. It appears that at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument w...... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For ...... Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For the Respondents. Criminal Appeal No. 12 of 1992. (From the Judgment and order dated August 23, 1990 passed by the High Court Division, Dhaka in Criminal Appeal No. 328 of ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ller and Auditor General was/is the appointing/promo authority who in fact promoted the respondent and the authority of the Comptroller and Auditor General not having been withdrawn by or under any law o rule Comptroller and Auditor General retained till authority to remove the respondent from se...... Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ……………………&......ppellant. Abdur Rob Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 40 of 1995. (From the judgment and order dated 10-6-93 passed by the Administrative Appellate Tribunal in Appeal No. 30 of 1992). ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....s qualified to be a person aggrieved, and can maintain an action for judicial redress of public injury arising from breach of public duty or for violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provisio......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......nch of the territory of Bangladesh stretching upto the continental shelf: Per Mustafa Kamal J delivering The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolat..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... of sections 151 and 152 CPC erroneously rejected the appellants application dated 31-1-88 without even assigning any reason therefor and that the learned Judge of the High Court Division erred in law in misreading and treating the contents of the appellants’ application dated 28-4-85 for ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Siddiqur Rahman (Md) and others………………………Appellants ...... Appellants. Abdul Aziz, Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent. Civil Appeal No. 11 of 1993. (From the Judgment and order dated August 17, 1989 passed by the High Court Division (Barisal Bench) in Civil Revision No...Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....on 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himself in the proceeding and thereby......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents Judgment ......having proved with opportunity to defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8)..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
.... 2-1-88 by and between himself and the alleged Chairman of a Kindergarten School namely Sunflower Kindergarten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contraventio......ent July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other tha......Sharifuddin Chaklader, Advocate-on-Record - the Petitioner. Not represented—the Respondents. Civil Petition for leave to Appeal No. 571 of 1997. (From the Judgment and order dated 17-2-97 passed by the High Court Division in Civil Order No. 1924 of 1997). ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon the court; reason being fraud demolishes the v......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......y Miah Abdul Gafur, Advocate-on-Record— For the Respondent No. 2. Not represented—Respondent Nos. 2-3. Civil Appeal No. 92 of 1994. (From the judgment and order dated 16 June, 1994 passed by the High Court Division in First Misc. Appeal No. 416 of 1990)...Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....anuary 20, 1997. The Administrative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owi...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip......sh; For the Appellant. Appeared in person - Respondent No. 1. Not Represented -For the Respondent Nos. 2-6. Civil Appeal No. 47 of 1993. (From the Judgment and order dated 13-8-93 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 65 of 1991..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....f sale from its, owner and the plaintiff having merely instituted the suits for specific performance of the contracts for sale, the trial Court as well as the appellate Court committed an error of law in appointing the Receiver upon the prayer of a person who is not the owner, inasmuch as it was......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme...... made another application for appointment of a Receiver in respect of the suit lands upon an allegation that the petitioner had forcibly entered into a portion of the suit land in violation of the order of status quo made by the court. Thereupon the trial Court appointed the Assistant Commission..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......ion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Monir Ahmed Fakir and others ................Petitioner Vs. Abdul Jalil Munshi and others…&hell......June 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single Judge of the Hig..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....13 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and ......sh Krishi Bank…………………………………………… Appellant Vs. Meghna Enterprises and another…………………………….......dvocate- on-Record — For Respondent No.1 in both the cases. Ex Parte — Respondent No.2 in both the cases. Civil Appeal Nos. 93 and 94 of 1994 (From the Judgment and order dated 2-12-92 passed by the High Court Division in Writ Petition No.3 of 1989 (Comilla) ..Category: Business or Commercial Law | Date: | Hits: 150
....e objection should have been raised first. The objection as to alleged lack of authority should be raised before the Court taking cognizance. There was sufficient compliance of the requirement of the law as regards authorisation of the officer who filed the report on behalf of the SEC.…………â€...... J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Shinepukur Holdings Ltd. & others…………………………………………….Petitioners
Beximco Pharmaceuticals Ltd. and others……………………………………...Petitioners
AKM Shamsuddin …………â......legation of foul play concerning national economy is being made before the Court by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold……(18)
Lawyers Involved:
Serajul Huq ..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....mber 1996, made the Rule absolute and set aside the order of mandatory injunction. While passing a lengthy judgment the learned Judges observed that the order granting mandatory injunction was bad in law inasmuch as there was no specification of the portion of CS plot No.71 from which the plaintiffs......rted in: 50 DLR (AD) (1998) 188. ......…………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not suffic..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
.... friendship and the complainant in good faith disclosed to accused Nos. 3 and 4 that he had Taka 4,00,000.00 in an account in Sonali Bank at Rajapur Branch and Taka 3,000,000.00 with his brother-in-law. As the complainant returned to Bangladesh accused No. 1 (the petitioner) and accused No.2 per......houdhury J Abdus Sattar…………………………………………..Petitioner Vs. State and another ……………………………......pending in the Court of Magistrate First Class, Jhalakati having been summarily rejected by a Division Bench of the High Court Division on 20 August 1997 he is now seeking leave to appeal from the order. 2. The complaint case briefly, is that the petitioner (accused No. 1) and thre..Category: Criminal Law | Date: | Hits: 79
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