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Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......mitted. The rent actually received by the govt. from the date of unauthorised occupation till the date of restoration of possession should be paid to the respondent…….(6)  Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by B Ho......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......ntinued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Mazid vs. Mushafi Ahmed 17 DLR SC 131 ref. (10, 11, 16 & 17)   Lawyers Involved:   Abdur Rab Chaudhury, Senior Advocate, instructed by Md Zahiru......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... vs. State 45 DLR 66; Siraj Mal and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advocate (Kazi Shahadat Hossain, Advocate with h...... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......;……….(16 & 19) Cases Referred to-  Nafisa Chowdhury vs United Food Complex 53 DLR 81 and Syed Al Nesar Ahmed vs Nafiza Chowdhury 53 DLR (AD) 83. Lawyers Involved: Dr. M. Zahir, Senior Advocate, Md. Nawab Ali, Advocate‑onR......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ......ng Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR 1982 Cal 92. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)

....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ...... Commissioner of Customs, Customs House, Dhaka and others………. Petitioners Vs. Cieng Tong Chong…………..Respondent  Judgment 5th March 2003  Lawyers Involved:  Md. Ataur Rahman Khan, Advocate-on-Rccord- for the Petitioners.  Mahb......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ..

Category: Others | Date: 5 Mar, 2003 | Hits: 114

Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)

....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......titioner Vs. Matiur Rahman……………………Opposite party Judgment February 8, 2003. Result: The rule is discharged. Lawyers Involved: None appears - For the petitioner. Md. Haroon Ar Rashid, Advocate-For th......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..

Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......ssioner of Sales Tax AIR 1956 (All) 35; ML Bagga vs C Murhar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221. Lawyers Involved: Fariduddin Ahmed, Deputy Attorney‑General, instructed by Md. Ahsanullah Patw......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ...... 106 = 8 DLR (FC)47; Sheikh Abdul Mazid vs. State of Delhi, AIR 1955 SC 196; Siddique Ahmed and others vs. State, 37 DLR 223; Golam Moula Master vs. State 46 DLR 140.   Lawyers Involved:   ASM Khalequzzaman, Advocate-on‑Record‑......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advoc......High Court Division. 5. The defendant No.1 as respondent No.1 contested the said Appeal in the High Court Division. It appears that the defendant No. 1 filed an application on 10‑12‑2000 under Order XLI, rule­ 27 for taking additional evidence. The High Court Division heard the said applicat..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 2003. Result: The appeal is dismissed. Lawyers Involved: Matiur Rahman, Advocate, instructed by Azra Ali, Advocate-on- Record- For the ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

.... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ......a Chettiar AIR 1930 Madras 364; Pubali Bank Ltd. vs. Sultana Oil Mills and Soap Factory and others 51 DLR 323; Bengal Metro Engineering Co. and others vs. Agrani Bank 46 DLR 68.   Lawyers Involved:   Mohammad Nazrul Islam, Senior Advocate, instructed by Azra Al......esses from the side of the plaintiff was closed and examination‑in‑chief of DW 1 was held in part. At that stage of hearing of the suit the contesting defendant filed an application under Order XIV rule 2 of the Code of Civil Procedure. The application was rejected. The respondent No. 4 ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....   Accordingly, the petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 72.  ...... Cases Referred to-   Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260.   Lawyers Involved:   Abdul Wadud Bhuiyan, Senior Advocate, instructed ......   Not Represented‑Respondent Nos. 1, 12‑7.   Civil Petition for Leave to Appeal No. 1734 of 2002. (From the Judgment and Order dated August 26 ' 2002 passed by the High Court Division in Writ Petition No. 3668 of 2002). ..

Category: Others | Date: 27 Jan, 2003 | Hits: 89

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ......s concerned as regards to Value Added Tax Act, 1990, question of fact cannot be ascertained. However, factual aspect of the case can be considered by resorting to appeal provided under this Act. Lawyers Involved: TH Khan, Senior Advocate (Rafiqul Islam, Senior Advocate with him) instructed......s and/or error apparent on the face of the record this petition do not merit any consideration. This petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 58 ..

Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......; Begum Khodeza Akhter vs Hajera Khatun and others 37 DLR (AD) 212; Haladhar Dutta vs Abdul Rab 36 DLR 193; EM Trading Corporation vs ST Construction 36 DLR (AD) 213.   Lawyers Involved:   Mahbubey Alam, Senior Advocate, instructed by Cho......, Senior Advocate, instructed by Nawab Ali, Advocate‑on‑Record‑For the Respondents.   Civil Appeal No. 18 of 1995. (From the Judgment and Order dated July 21, 1991 passed by the High Court Division in Civil Revision No. 523 of 1985). ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

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

....peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......f the case……………….(11)    Cases Referred to-   Sonali Bank vs Ruhul Amin Khan 1994 BLD (AD) 171 = 46 DLR (AD) 85; Service Law Report (1981) (4) 735; (1999) 9 SCC 86.   Lawyers Involved:   ......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. ......-appellants and the appellants being not present 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 Now......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

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......question of fixing separate date for taking step under section 265C after the opening of the case under section 265B……………………(18)  Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Kumar Niogi, Advocate with him) ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ...... Khalid Saigal vs State, 14 DLR (SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghulam Muhammad reported in 20 DLR (SC) 339. Lawyers Involved:   Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

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.  ......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: TH Khan, Senior Advocate, (with Mihir Kanti Majumder, Advocate)......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