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ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

....e his tender accepted unless he has been pushed aside in violation of the condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law, that to protect a right the right must exist at present and not in future.” 7......e Respondent No. 1. Writ Petition No.1832 of 1994. Judgment Kazi Ebadul Hoque J. - This Rule was issued 3-11-94 at the instance of the petitioner Mr. Ruhul Amin, Managing Director KR Fashion International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Ann......ar vs. M Zahirul Alam 40 DLR (AD) 62; Shafique Ahmed vs. Chairman BCIC 45 DLR 95; UK Salsabil vs. Shama Corporation 37 DLR (AD) 117 and Hossain Ahmed vs. Md. Hossain and Brothers 32 DLR (AD) 223. Lawyers Involved: Rafique-ul-Hoque with Rokonuddin Advocates — For the Petitioner. JK Paul w..

Category: Property Law | Date: | Hits: 102

Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)

....0 DLR (SC) 339 though it has been observed that delay in concluding trial is good ground for allowing bail to the accused in the circumstances of the present case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......………Respondent Judgment December 6, 1998. Cases Referred to- Monjurul Hoque vs. State 14 BLD 604, Dula Miah vs. State 44 DLR 209, Riasat Ali vs. Ghulam Mohammad, 20 DLR (SC) 339. Lawyers Involved: Md. Shah Alam, Advocate — For the Appellant- Petitioner. MA Rouf, Assistan..

Category: Criminal Law | Date: | Hits: 35

Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)

....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ...... appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order. Lawyers Involved: Jalal Ahmed Sikder for Jainul Abedin, Advocate — For the Petitioner. Shaha..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... (Civil) Present: M M Ruhul Amin J Sabed Ali Howlader and Others……………..Petitioners Vs. Abdul Barek and other…………….Opposite Parties Judgment May 26, 1998. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioners. Abdul Quayum with Md. Mo..

Category: Property Law | Date: | Hits: 102

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... Court High Court Division (Criminal) Present: Gour Gopal Saha J Abdur Rouf (Md.) and another………..…Appellant Vs. State……….Respondent Judgment July 5, 1998. Lawyers Involved: Shahidul Islam, Advocate — For the Appellant (In Criminal Appeal No. 1433 of ..

Category: Criminal Law | Date: | Hits: 104

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... vs. Kalipada Chattopadhyaya, 11 DLR 103, National Credit and Commerce Bank Ltd. Vs. Prime Bank Ltd., 9 MLR 33 = 8 BLC 391, Abdul Latif Chowdhury vs. Md. Noor Hossam and others, 1997 BLD (AD) 230. Lawyers Involved: Rafique-ul Huq with M Moniruzzaman Khan, Marium Khan, Morshed Ahmed Khan, ASM A..

Category: Civil Law | Date: | Hits: 148

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

.... rule 14(2) of the Code of Civil Procedure the Court is always empowered to confirm, vary or set aside such report. 19. In effecting partition the Commissioner is always guided by long established principles for partition. If it is found that the Commissioner divided the joint property beyond the......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......adras 219; Rati Ram vs. Niader Mal, AIR 1941 Allahabad 215; Krishna Reddiar and others vs. Ramanyja Reddiar and another, AIR 1929 Madras 492, Md. Mahmud Miah vs. Ludu Miah and others, 1992 BLD 23. Lawyers Involved: Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocate..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

.... has since been held that except the vires of the Proclamation, Martial Law Orders. Martial Law Regulations, all proceedings taken or orders made by the Martial Law Courts or Tribunals, if hit by the principle of coram non judice, without jurisdiction or mala fide, the superior Court in writ jurisdi......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... Ahmed alias Iqbal vs. Bangladesh, 33 DLR (AD) 154, Zia-ur-Rahman, PLD 1973 (SC) 48, Saeed Ahmed, PLD 1974 (SC) 154, Haji Joynal Abedin, 32 DLR (AD) 154, Jamil Huq vs. Bangladesh 34 DLR (AD) 125. Lawyers Involved: Abdul Malek with SM Shahjahan, Advocates—For the Petitioner. Qumrunnessa, ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....able. The plaintiff got no locus standi under section 42 of the Specific Relief Act to seek the relief as prayed for in the suit. The purchase of schedule- 1(Kha) land by the plaintiff was hit by the principles of lis pendens as provided under section 52 of the Transfer of Property Act. 10. It wa......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......n and others, 6 BLT (AD) 276; Golam Kader being dead his heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. Lawyers Involved: TH Khan with Sk. Zulfiqur Bulbul Chowdhury and Rezina Chowdhury, Advocates—Fo..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......y 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1984 BLD (AD) 307, Jaydayal Poddar vs. Bibi Hazra, (1974) 2 SCR 90. Lawyers Involved: Mahbubey Alam with Md. Mozammel Hossain and Md. Sagir Anower, Advocates—For t..

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ment August 24, 2005. Cases Referred to- 54 DLR 602, Managing Director, Rupali Bank Ltd. vs First Labour Court and others, 46 DLR 143, Rupali Bank Ltd. Vs. 2nd Labour Court, 52 DLR 603. Lawyers Involved: Tufailur Rahman with Abdun Nur and Omar Sadat, Advocates—For the Petitioners...

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ........Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD) 1. Lawyers Involved: Md. Abdul Haque, State Defence Lawyer—For the Condemned Prisoner. Golam Mo..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....rangulated to death. As the defence plea that the deceased committed suicide was proved false and the accused husband failed to explain the cause of death of his deceased wife, in view of the settled principle of law in a wife killing case, the Court below rightly and legally convicted and sentenced......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ....... Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem Mondal, 1990 BLD (AD) 228, 41 DLR 11, 45 DLR 660, 46 DLR 575. Lawyers Involved: SM Rezaul Karim with Afia Begum and Abdur Razzak (Razu), Advocates — For the ..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Atto..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....llegal or unenforceable. 18. He also cites the case of Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571 wherein it is held: "The types of contract to which the principle formulated by us above applies are not contracts which are tainted with illegality but are......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Messrs Om Parkash Baldev Krishan, AIR 1988 (SC) 2149, RS Raghunath vs. State of Karnataka, AIR 1992 (SC) 81, Motiur Rahman and others vs. Chowdhury Md. Mahfuzul Islam and others, 55 DLR (AD) 104. Lawyers Involved: Kamal Hossain, Mahmudul Islam with Md. Asaduzzaman, Senior Advocates—For the ..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....n to the citizens or is arbitrary per se can be knocked down by this Court. In elaborating his submission, Mr. Islam relied on the decision reported in AIR 1958 (SC) 538 with special reference to the principles of law laid down by the Indian Supreme Court in that case as to when the Supreme Court ca...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ....... Vs. Ellis, 165 US 150, Shujat Ali vs. Union of India, AIR 1974 SC 1631, Lachman Das vs. State of Punjab, AIR 1963 SC 22, AIR 1963 SC 268, 41 DLR (AD) 30, Gulf Colorado Rly vs. Ellis (165 US 150) Lawyers Involved: Mahmudul Islam with Mizanul Huq Chowdhury and MA Hannan, Advocates—For Petiti..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... for the illegal and mala fide acts committed by the respondents for illegally obtaining lease of the said Cattle Hat by causing revenue loss to the state and the government but would also offend the principle of fair play and justice as well as the principle of legitimate expectation of the petitio......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......…………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Involved: Md. Tashadduk Hasan, Advocate—For the Petitioner. Ms. Nahid Mahtab Assista..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ......……………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents. Judgment March 28, 2001. Lawyers Involved: JN Deb, Advocate—For the Petitioner. ABM Mostafa Kamal, Advocate—For Res..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504........ Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......d Amirul Islam J AKM Shafiuddin J Commissioner of Taxes…………………….Petitioner Vs. Kushtia Sugar Mills Ltd......………………Respondent. Judgment July 19, 2000. Lawyers Involved: MA Rahim Bhuiyan, Assistant Attorney-General—For the Applicant. AFM Feroju..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......…….Opposite Parties. Judgment August 09, 2001. Cases Referred To- Kamal Anwar and others Vs. Md. Kabir Khan, 1985 BLD 157; Raja Debi Baksh Singh Vs. Habib Shah, 1913 CLJ (PC) 9. Lawyers Involved: Moksed Ali, Advocate—For the Petitioners. Not represented— the Opposite..

Category: Procedural Law | Date: | Hits: 106