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Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....ant” as defined within section 2(d) of the Public Servants (Retirement) Act, 1974 because he is not an employee of any corporation, national enterprise or local authority and further in view of the principle as laid down in the case of Deputy Managing Director and Chairman National Bank of Pakista......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......anaging Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 232; 32 DLR (AD) 83; Mofizul Huq vs. Mofizur Rahman and others, 48 DLR (AD) 121. Lawyers Involved: Amirul Islam with Md. Idrisur Rahman, Advocates — For the Petitioner. AKM ..

Category: Employment/Service Law | Date: | Hits: 117

Shahidul Vs. State, 1998, 27 CLC (HCD)

....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs. State and another 46 DLR (AD) 67. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. Mohammad Mushfiqur Rahman..

Category: Criminal Law | Date: | Hits: 33

Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indian Law Reports Vol.29 page 412 and G..

Category: Criminal Law | Date: | Hits: 90

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....fter complying with all the ports and customs formalities. 9. Mr. Ariff, relying on the decision reported in 1956 Appeal Case page 458 further submits that the impugned judgment is also hit by the principle of double jeopardy inasmuch as the master and another officers of the vessel MV ALBA were ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......ne 10, 1998. Cases Referred to- Niaz Ahmed vs. State PLD 1978 Karachi 774; PLD 1981 Quetta, PLD 1979 (Karachi) 68; Sambasivan vs. Public Prosecutor, Federation of Malaysia, 1950 AC 458(479). Lawyers Involved: AF Hasan Ariff with Khondker Gulzar Hossain, Advocates — For the Petitioner. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been consistently failing to address the i......adhya Pradesh (1997 7 SCC 592); Ugar Sugar Works Ltd. Vs. Delhi Administration and others (2001 3 SCC 635); State of Punjab Vs. Ram L Bagga & others (1998 SCC 117); Union of India and another Vs. International Trading Company and another (2003 5 S.C.C 437) State of Maharashtra Vs. Lok Shikshan S......948 1K B 223); Education Secretary Vs. Tameside Council (1977 Ac 1014); Lazarus Estates Ltd. Vs. Beaseley 1956 1QB 702; Jaichand Vs. West Bengal (AIR 1967 SC 483); Shearer Vs. Shield 1914 AC 808). Lawyers Involved: Abdur Razzaque, with Imran Siddique, Ehsan Siddique, and M. Belayet Hossain, Ad..

Category: Constitutional Law | Date: | Hits: 231

Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......Petitioner Vs. Bangladesh……………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, Advocate—For the Petitione..

Category: Property Law | Date: | Hits: 95

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......riminal Appellate Jurisdiction) Present: Gour Gopal Saha J Rowshan Ali (Md.)…………………Appellant Vs. State …………………Respondent Judgment March 7, 2000. Lawyers Involved: Md. Waliul Islam, Advocate—For the Appellant. FKMA Mahbub, Assistant Attor..

Category: Criminal Law | Date: | Hits: 88

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......others………………………….Respondents Judgment August 8, 2000. Cases Referred To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorn..

Category: Criminal Law | Date: | Hits: 78

Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)

....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497....... Abu Sayeed Ahammed J Md. Ali Asgar Khan J Shamsuddin Ahmed and others...............Petitioner Vs. State and another ..............Opposite Party Judgment April 12, 2000. Lawyers Involved: Amir-ul Islam, Advocate—For the Petitioner. AKM Zahirul Islam, Assistant A..

Category: Criminal Law | Date: | Hits: 52

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....endants 1 and 2 are purchasers without notice of the ‘Ekrarnama’ must be held to have been arrived at by misreading or non-reading of the evidence on record and on total ignorance of the relevant principles of law as stated above. Such findings, however on facts cannot be sustained in law. Upon ......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......R 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain,..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....illegally allowed the application for amendment of plaint. The impugned order is ex facie a non speaking order as no reason has been assigned for passing the order. The facts and circumstances and principles of law applied in the rulings relied upon by the plaintiff-opposite party are distinguish......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......e Parties. Judgment March 30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, Advocate—For the Petitioners. Kh. Saiful Hoque wi..

Category: Property Law | Date: | Hits: 71

Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)

....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......hairman Court of Settlement and others ……………………Respondents Judgment August 11, 1999. Case Referred To- Chand Miah Talukder Vs. Chairman Court of Settlement, 45 DLR 304. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. Obaidur Rahman Mostafa, Dep..

Category: Procedural Law | Date: | Hits: 92

Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)

....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453........Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For the Petitioner. Farida Beg..

Category: Procedural Law | Date: | Hits: 67

Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......lam J SAN Mominur Rahman J Mukta Biri Factory Ltd. ……………………Petitioner Vs. Commissioner of Taxes ………………….Opposite Party Judgment December 9, 1999. Lawyers involved: AFM Ferojuddin Bhuiyan, Advocate—For the Applicant. Dabiruddin Ahmed, Depu..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)

....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......ent: Gour Gopal Saha J Matiur Rahman Bepari ………………………Petitioner Vs. Wazuddin Bepari & others………………..Opposite Parties. Judgment November 2, 1999. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. No one—For the Opposite P..

Category: Procedural Law | Date: | Hits: 77

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....he facts and circumstances of the case inasmuch as in those cases returns were filed by the assessee whereas in the instant case no return at all was filed by the assessee applicant and, as such, the principles of law enunciated in these decisions cannot be applied to the present case. The learned D......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......licant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, Deputy Attorney Gene..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......AN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obai..

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....decree of the trial Court has already been affirmed by this Court in First Appeal No.86 of 1992. 20. Mr. Wahab, the learned Advocate appearing for the plaintiff-respondent however submits that the principle of section 11 of the Code of Civil Procedure will not apply in this case inasmuch as the e......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......s Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR (AD) 56; Dr. Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others, 42 DLR (AD) 12. Lawyers Involved: Dr. Rafiqur Rahman with MA Baqui Ismail and Sirajur Rahman, Advocates—For the..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Ad..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....the case on the facts of the case. But entertaining hypothetical questions raised and allowing them in the fashion as has been done is highly deprecated as the High Court Division ignored the settled principle that "general propositions do not decide concrete cases" as held by Justice Homes of U.S. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......cretary of State Vs. Mask & Co. AIR 1940 (PC) 105 (67 IA 222); Zafar-Ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 113, State Vs. Abdul Wahab Shah Chowdhury and other, 51 DLR (AD) 242. Lawyers Involved: Fida M. Kamal, Attorney General, (Zahirul Islam Mukul, Deputy Attorney General..

Category: Criminal Law | Date: | Hits: 100