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Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....ellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangla­desh and other..............Respondents Judgment September 2, 1977. ......eshwar Lal Patwary Vs. State of Bihar, AIR 1968 SC 1303; Gholam Jilani Vs. Govt. of West Pak., (1967) 19 DLR (SC) 403; Ridge Vs. Baldwin 1964 AC 46; Rex Vs. Electricity Commissioners (1924) 1 KB 171; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury (1977) 29 DLR (SC) 41; Mrs. Ar......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......t Appellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangla­desh and other..............Respondents Judgment September 2, ..

Category: Constitutional Law | Date: | Hits: 408

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....ation of delay that in any view of the matter, the delay in presenting the memorandum of appeal was sufficiently explained, but the learned Judges on an er­roneous view that the petitioner being the Government was asking for an extended period of limitation. It was conceded by the app­ellant befor......o cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......lso Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....tlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru......Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayu..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

.... ...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & .............................................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney Gene......ul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & another...............Petitioner Vs. Md. Sultan Ahmed ........................................................Respondent ..

Category: Administrative Law | Date: | Hits: 111

Jashimuddin & other Vs. State, 2006, 35 CLC (AD)

.... No. 1891 of 1998 dismissing the appeal. 2. Prosecution case, in brief, is that on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, thr......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......nbsp; Not represented- Respondent            Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ...... (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Jashimuddin & other.....................................Petitioners Vs. The State.........................................................Respondent Judg..

Category: Criminal Law | Date: | Hits: 36

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......to the salary towards the unexpired period of contract and that has been rightly done…………………..(7 & 8) Cases Referred to- Bangladesh Small Industries Corporation, Dhaka vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41; M/S. A......, Section 73   As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ......laim damages for the breach of contract committed by the employer. In this connection, the High Court Division relied on the decisions in the case of Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury reported in 29 DLR (SC) 41 and the case of M/S. Amin Jute Mills Ltd. V..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People'...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of B.............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of t..

Category: Administrative Law | Date: | Hits: 92

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....ed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cas..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......h @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ......ainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment ..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

.... of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired by the Government, instituted Administrative Tribunal Case No. 168 of 1994 before the Administrative Trib......f retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-......bsp;           Md Fazlul Karim J  Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment          &......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....ion No. 4134 of 2002). Judgment:                  Syed JR Mudassir Husain CJ.-This appeal, filed by the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Establ...... Ed. ......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....irst Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chi......plying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of Bangladesh at the place of occurrence by some persons, in that case the trial judge is not powerle...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J        Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment        ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....6 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; U...... Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents Jud......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, ......Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents..

Category: Constitutional Law | Date: | Hits: 221

Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)

....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......JR Mudassir Husain CJ           MM Ruhul Amin J      Amirul K Chowdhury J  Majid Sheikh alias Majid and others... ............Appellants vs State……………......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....hich, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000 transferred the case t......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allow...... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re..

Category: Criminal Law | Date: | Hits: 184

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....s Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: ......ivil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judg......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment  &nbs......n (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....l No. 55 of 2006 Mr. M A Jalil MP moved the High Court Division for almost, similar reliefs adding thereto some other prayers challenging appointment of Upazilla Election Officers appointed by the Government through Public Service Commission, etc. 34. The aforesaid writ petitions were ta......ls] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and......  Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C......hul Amin J MM Ruhul Amin J    Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006]..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......llate Division (Civil) Present: Md Ruhul Amin J   KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents ...... Judgment:                 Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment...... Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Inv......fazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ......esent: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents ..

Category: Procedural Law | Date: | Hits: 93