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Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD

....  (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants ......san J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants   Vs.   Md. Afzal Hossain Ansari ..................................Respondent ......yers Involved:   AJ Mohammad Ali, Additional Attorney‑General. instructed by Mvi. Md Wahidullah, Advocate‑ on‑Record­-For the Appellants.   Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......ivision (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Pannu Mollah & another..................Appellants Vs. State …..Respondent   Judgment January 6, 2003. ......ent at the time of recovery they can not be held to be in possession of any arms……………….(8)   Lawyers Involved:   Md. Abdul Malek Senior Advocate, instructed by  Md Nowab Ali, Advocate‑on‑Record‑......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......ul Karim J   Abu Sayeed Ahammed J   Cinmoy Chowdhury and another .............................Appellants   Vs.   Mridul Chowdhury and Others…………......dra Revgowda Sankh and another AIR 1969 SC 1076; Amritalal vs Surath Lai, AIR 1942 Cal 553  Appalaswami vs Suryanarayanamurthy, ILR (1948) Mad 440: (AIR 1947 PC 189) & Atendra Nath Mistry vs Abdul Malek Howlader and others 54 DLR (AD) 106. Lawyers Involved: T......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....ip;……..Respondents   Judgment   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in foreign country eit......l Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Humayun M Vohra .........Petitioner   Vs.   ESPN Star Sports and others…………&hel......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

.... Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respondents   Judgment ...... Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respo......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....s...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102   Natural justice  It is now well settled ...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......) 523. ............Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Ad...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Government of Bangla­desh and another .........Appellant Vs. MA Khair Bhuiyan............Respondent   Judgment ...... ex‑facie void………………………………(12)  Cases Referred to- Master Abdul Aziz vs Abani Mohan Mukerjee and other, 30 DLR (AD) 221; M Mazid vs lqbal Bahar Choudhury 5 BL......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

.... Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent  Judgment August 29, 2002. The Constitution of Bangladesh, 1972 Articles 104 & 105   The Code of Civil Procedure, 1908 (V o......Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J  Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... denying the material allegations con­tained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was ve...... (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anoth­er.........Appellants Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement August......llate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....l Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August ...... Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment ......97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Resp......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

.... conveniently dealt with in writ jurisdiction……………………….(7)  Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD)...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J  Antibiotic Stores & others    .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………&hellip......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment  August 7, 2002. Result: The petition is dismissed. The Constitution of Bangladesh, 1972 Article 102  By way of mandamus enforcement of any legal right or to redres......vision  (Civil)  Present:  Mainur Reza Chowdhury CJ  Md. Fazlul Karim J  KM Hasan J  Md. Fazlul Haque J   Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Responde...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......t Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. M Rahman Bhuiyan J Sirajul Islam (Md.) and others………………………………….Appellants Vs. State………………………………………………………………………….Res......us Salam Bhuiyan, Advocates—For the Appellants. Md. Khurshid Alam Khan with Md. Salahuddin Talukder, Advocates—For the Added-Respondent. Golam Kibria, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For Respondent No.1. Criminal Appeal No.2381 of 1998. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......Criminal Appellate Jurisdiction) Present: Md.  Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State……………………………Re......iately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....slam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two shall be pers......scellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents&nbs......with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others ……………………. Respondents Judgment ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....il)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents&n......late Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J K Musa Khaled J Goutam Chandra Das alias Goutam Kumar Das...............Appellant Vs. State.........................................................................Respondent J...................................Respondent Judgment July 20, 2002. Result: The appeal is allowed. Cases Referred to- Abul Kalam and others Vs. Abu Daud Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers In......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173