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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....ged in clause (1A) of Article 142. 14. These apart, the learned Attorney‑General also argued the point of locus standi of the petitioner to file the instant writ petition, He has also argued the principle of res judicata submitting that the present writ petition is not maintainable on the groun......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......n J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh......................Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......nts Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Abdul Jabbar with Nur Jahan Begum, Md. Aminul Haque, Advocates—For the Pe..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unearth the chain of International Traffickers/Smugglers of Heroin. Upon the said forwarding the Chief Metropolitan Magis......er Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned ..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......r Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is dismissed. Case Referred to- Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - ..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
...., the Magistrate may permit him to withdraw the same and shall thereupon acquit the accused. 9. A broad comparison of the provisions of the same Code regarding the withdrawal shows that no uniform principle has been applied to them. On the contrary, we find that the Code has made a distinction in......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......16. Superintendent, Legal Affairs Vs. Azizul Huq, (1960) 12 DLR 324 State Vs. Eusubali (1968) 20 DLR 518 Abdur Rab Vs. Syed Ahmed (1974) 26 DLR 133 Govinda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......cle 40 (b) or Article (c) of the Stamp Act for the purpose of payment of stamp duty. The respondent G.M.G. Corporation Limited while enjoying cash credit facility with the Bank of Credit and Commerce International, briefly stated "BCCI", to the extent of Tk. 60,00,000/- (Taka sixty lacs) by executin...... 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney Genera..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....rs. Vs. Mohilal Kole and ors., 58 CWN 1000. In that case of Sital Chandra Kole it was observed that “the obligation under the agreement for re-sale becomes annexed to the ownership by reason of the principle underlying section 40 of the Transfer of Properly Act and that if the pre-emptor had notic......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... 807; Abdul Hosaain and ors Vs. Md. Moslem Ali and ors., 19 DLR 677; Yakub Khan Vs. Amjad Alt Khan, 29 DLR, 164; Upendra Chandra Roy Vs. Janab Ali, 29 DLR 299; Meghu Bepari Vs. Kalu Sk, 18 DLR 317 Lawyers Involved: Abdur Rob Chowdhury, Advocate, Supreme Court, instructed by Md. Aftab Hossain, ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta......mood Tuku, 60 DLR AD 147; M.A. Hai Vs. TCB, 40 DLR AD 206; Bangladesh Vs. Haque, 16 DLR (AD) 147; Jahangir Howlader Vs. C.M.M. Court, Dhaka, 58 DLR 106; Emperor Vs. Nazir Ahmed, AIR 1945 PC 18; Shrei International Finance Ltd Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 S......33; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule is discharged. Lawyers Involved: A.K.M. Faiz, Advocate - for the petitioner. Md. Imam Hasan, Advocate - for t..Category: Civil Law | Date: | Hits: 129
....er Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732 to show that Robert-son Vs. Minister of Pension cannot be said to have been over-ruled as Mr. Pal had submitted but the principle stated therein was applied and followed in the aforesaid decisions.
44. Without enteri......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
...... Boat Construction Ltd. (1951)2 All E.R.278; Wells and others Vs. Minister of Housing etc (1967) 2 All England; Leaver Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732.
Lawyers Involved:
S. R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record-For ..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....ted by the defendant-appellant. Mention may be made that in her written statement it was alleged that the kabuliyat was obtained by fraud and was not, therefore, a valid document. In support of the principle that the plaintiff must succeed on the strength of his own case, Mr. Khondker cited the ca......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......noy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved: M.H. Khondker, Senior Advocate M. G. Rabbani, Advocate with him instructed by B..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
...., Counsel for the defendant-appellant, that the decision of the learned Single Judge as to the mandatory nature of the provisions of section 17 (1) is not based on the correct interpretation of the principle underlying this decision. According to him, the provisions of this section were merely dir......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......rs………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advocate, Abdul Hamid, Muhbuby Alam and Abdul..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....nance and there being no legal obligation to appoint any one from the family of the last Mutwalli, High Court Division has erred in making a direction to appoint the petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ....... Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate with him), i..Category: Trust/Waqf Law | Date: | Hits: 148
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......rnment of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents
Judgment
January 23, 2006.
Result:
The petition is dismissed.
Lawyers Involved:
AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-R..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....tion and directing the petitioner to determine the inter se seniority of the respondents with the officers recruited through open advertisement bearing No.1E-8/82/209 dated 10.5.1982 according to the principles laid down in the General Principles of Seniority 1970. The petitioner, thereafter, prefer......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......ment of Bangladesh……………………Petitioners Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-..Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
.... of credit prior to the satisfaction as to payment under the above-mentioned letter of credit for which the Sonali Bank is under a legal obligation to pay of the respondents. 6. It is now settled principle of law that no Court can pass any restraining order on any issuing bank from making paymen......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......ank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petition is dismissed. Cases Referred to- 33 DLR (AD) 298; 54 DLR (AD) 70. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocat..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....e of the said landlord. Reference may be made in this connection to the case of Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97. His Lordship Mr. Shahabuddin Ahmed J as his Lordship then was expounded the principle of law embodied in section 116 of the Evidence Act which runs thus: “Section 116. The......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......uddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar Vs. Ranjit Singh, AIR 1915 (PC) 96; 42 I.A. 202; Lala Singh Vs. Mohipal Singh, 1889 AWN 149. Lawyers Involved: MA Wahab Miah with Anwarul Azim Khair Manna and Obaidul Hasan, Advocates - For ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....ney suit and the decree holder in any suit whether described as money suit or rent suit has ceased to have his right treat it as rent suit under the Bengal Tenancy Act. 5. It is now a well-settled principle laid down in the case of Arthur Henry Forbe Vs. Bahadur Singh 41 I. A. 91 and Maharajadhir......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......med Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A. 91; Maharajadhiraj Uday Chand Mahtab Vs. Samarendra Nath Matra, 51 CWN (FR) 9. Lawyers Involved: B.N. Chowdhury, Advocate instructed by A. Rab-II, Advocate-on-Record - For the ..Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316....... Begum Khodeja Akhtar & others……………………Respondents Judgment June 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Abdur Rob II, Advocate-on-Record - For ..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the High Court Division. The learned Company Judge took the view that Article 35 does not permit transfer in favour of an adopted son. According to the learned Judges of the Division Bench the “principles of inheritance” and “successions” under “Hindus Personal Law” cannot be broug......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......…………………Appellant Vs. Sudhanpsu Sekar Dey alias Halder and others………………………..Respondents Judgment August 6, 1979. Result: The appeal is dismissed. Lawyers Involved: Mahmudul Islam, Advocate instructed by Abdur Rab II, Advocate-on-Record - For t..Category: Company Law | Date: | Hits: 164
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