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....yed Mudassir Hossain and the elevation of Mr. Justice Gholam Rabbani and Mr. Justice Md Ruhul Amin have been arbitrary and malafide which has adversely affected the independence of the Judiciary, the Bar, the litigants, the lawyers and the feelings of the community and this threat is real. It is ass......d by the petitioners that both of the aforesaid judges enjoy the highest respect from the Bar. There was never any direction on the part of the President/Government to hold an inquiry by the Judicial Council constituted under Article 96(2) for any allegation against the aforesaid judges. Therefore, ..
Category: Constitutional Law | Date: | Hits: 126
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....-5-99 for hearing the appeal on merit. This conduct of Mr. Zakir Hossain, Advocate is not at all proper, legal and against the normal ethics and this is not expected from the learned Advocate of this Bar who has wide practice in both the Divisions of the Supreme Court as well as before the Court bel...... not expected from a lawyer like him. The activities of Mr. Hossain prima facie tantamounts to a misconduct on the part of a practicing advocate and we had the intention to send the matter to the Bar Council for taking appropriate action against him. But considering his age we refrain ourselves from..Category: Business or Commercial Law | Date: | Hits: 207
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....iled for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been filed by Mr Mainul Hosein, President, Bangladesh Supreme Court Bar Association. The second application has been filed by Mr Rafique-ul Huq and 338 Advocates of Ban......ing the motions. One by Mr. Shaukat All Khan, a former president of the Supreme Court Bar Association. The other by 568 Advocates. Mr. M Amir-ul Islam, Senior Counsel and the Vice chairman of the Bar Council appeared for the intervenors and challenged the locus standi of Mr. Mainul Hosein to make th..Category: Criminal Law | Date: | Hits: 49
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....appreciate and approve that the petitioner should have stayed away from the hearing when his application for an adjournment was rejected. A judge should be accommodative to the learned members of the Bar and if possible accede to their prayer for adjournment on their personal ground, but the learned...... that if the Code contains specific provisions, which would meet the necessities of the Case, such provisions should be followed, instead of invoking the inherent jurisdiction of the Court. The Privy Council in Gokul Mandar Vs. Pudinanund Singh (29 1A 196) observed, “…………… the essence of..Category: Civil Law | Date: | Hits: 80
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s, in his supplementary affidavit-in-opposition, annexed some papers including the judgment of the Company Bench in matter No.5 of 1999 and a letter dated 16-8-1999 addressed to Mr. AKM Nazrul Islam, Bar-at-Law issued by Mr. Abdur Rahim Khan of BSRS. In supplementary affidavit dated 3-12-2000 the re......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....oint urged in the writ petition which remains to be decided after a full-fledged hearing of the Case on the point raised in the writ petition. As we have given our opinion on the points raised at the Bar on merit in this Case mere issuance of Rule by another Bench is no ground to debar us from givin......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....ates, going through the entire record, perusing the revision application and the impugned orders, and reading number of decisions of this Division as well as of the Appellate Division as cited at the Bar, it appears to me that the question as to the right of a petty employee of statutory corporation......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......e a person or persons can be said to constitute a Court, it must be held that they derive their powers from the State and are exercising the judicial powers of the State.’ 9. In RV London County Council (1931) 2 KB 215 Saville LC gave the following meaning to the word “Court” or “judicial..Category: Criminal Law | Date: | Hits: 59
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... question as to disqualification on the ground of defection is left to the Chairman or the Speaker as the case may be. Similar questions relating to members of the Legislative assembly or Legislative Council of a State are dealt with, under Article 191 and 192 of the Indian constitution. 37. The ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Shahin and others, 2009, 38 CLC (AD)
....madpur, Dhaka and that on 25-9-1995 the victim with his two companies started for CMM Court for giving hazira in connection with Mohammadpur PS Case No. 8(5)94 and the victim at first went to Dhaka Bar Library and looked for the informant at the first floor of Dhaka Bar Library and not finding him......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....ve suit by filing written statement denying the claim of the appellants and stating, inter alia, that Shihamul Haque, his father Enamul Haq and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from In......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
.... High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 65.
......ivision and other connected papers on record.
5. The High Court Division held that on examination of sample of the imported goods by Bangladesh Standards and Testing Institution and Bangladesh Council of Scientific and Industry Research (BCSIR) Laboratory it was found that the imported goods ..
Category: Fiscal/Taxation Law | Date: | Hits: 253
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
....e suit by filing written statement denying the claim of the appellants and stating, inter alia, that Shihamul Haque, his father Enamul Haque and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from In......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....l Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance from the senior members of the Bar as Amicus Curie. Accordingly, we invited some senior members of the Bar for the purpose, to addr......ed Counsel endorsed the view taken by Mr. Khondker and refers to the case of Secretary of State Vs. Mask and Co. reported in AIR 1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a complete ouster of Civil Courts juri..Category: Criminal Law | Date: | Hits: 101
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