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Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....I of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ...... Cases Referred To- Province of East Pakistan and others Vs. Sirajul Hoque Patwary 19 DLR (SC) 281; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Kudrat-e-Panir Vs. Bangladesh 44 DLR (AD) 310. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman, Advocates—For the Petitioners. Sha..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....ed Additional District Magistrate must therefore be deprecated as being not contemplated in law. The learned Additional District Magistrate clearly erred in law in not following the established legal principle relating to the appreciation of the evidence. The grievance of the learned Advocate for th...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......t: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Involved: Badruddin Ahmed, Advocate —For the Petitioner. Not represented —the Stat..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and causes of action. The suit was barred by principles of estoppel, acquiescence and waiver. 13. He denied specifically that two contracts we......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......a Sarker being dead his heirs and legal representatives,Asit Sarker and others...........Appellants Vs. Seraj‑ud‑Dowla & ors...............Respondents Judgment August 5, 2003. Lawyers Involved: Mahamudul Islam with Abdul Quayam, Advocates - For the Appellants. Rabiul ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....he said letters and photographs as evidence on record brought by the defence. The above letters and the photographs speak a volume and they cast a serious doubt about the prosecution case. 17. The principle laid down in the celebrated case of Safdar Ali vs. Crown, 5 DLR (FC) 64 is that if on cons......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the Appellant. Not represented- the Respondent..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....l of the cases. On perusal of the provision of Chapter XX of the Code we do not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the principle of Article 35(1) of the Constitution, there is any chance of prejudice to the petitioner. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ...... Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ....................... Respondents Judgment ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....tiation although this is the very allegation raised on behalf of the defendant-bank both in its written statement as well as in the deposition adduced on their behalf. 50. It is a well established principle that the plaintiff has to prove its own case on preponderance of evidence but from the dis......n the basis of Indent No. 22 of 1985 dated 30‑9‑1985 issued by Aqua Marine Ltd (the defendant No. 4 in TS No. 56 of 1987) on the basis of C & F to Chalna Port. The Bank of Credit and Commerce International Overseas Ltd., Deira, Dubai Branch, (the defendant No. 2 in TS No. 56 of 1987) was the......erred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co. Ltd. vs The Daiwa Bank Ltd. of Honk Kong High Court; Miller vs Bahii Madho Das 23 IA 106. Lawyers Involved: Dr. M. Zahir Senior Advocate with M Hassan, AHM Mizanur Rahman, Advocates-For ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....lose, with reasonable certainty, that an offence has been committed, then the accused should not be allowed to go scot free merely on technical grounds which render the trial itself bad." 18. This principle was followed in the subsequent case of Haji Hyder Ali vs. Haji Md. Sekender, 13 DLR 119, t......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......(AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs. State 12 DLR 100; Haider Ali vs. Md. Sekender 13 DLR 119; Bhulu Rani Shaha and another vs. Pranballav Podder and another 5 BLC (AD) 122. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioners. Not represented- the Opposite..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....he Court to examine any witness as a Court witness at any stage of the case but this discretion has to be exercised with caution and circumspection, consistent with the provisions of the Code and the principles of criminal justice. It is only for the purpose of just decision of a case that the Court...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......lam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Lawyers Involved: Md. Abdus Samad Miah, Advocate-For the Appellant. Monowara Begum, Assistant ..Category: Criminal Law | Date: | Hits: 37
....as been filed by the petitioner reiterating the facts as stated in the writ petition and stating further that since the respondents acted illegally, mala fide and in an arbitrary manner violating the principle of natural justice the instant writ petition is very much maintainable within the meaning ......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......r of Customs and others, 20 DLR 300, Assessing Officer, Narayanganj Range and others vs. Burmah Eastern Limited, 1981 BLD (AD) 450; Tafizul Huq Sarker vs. Bangladesh and others, 1998 BLD (AD) 269.
Lawyers Involved:
Enayetur Rahman with Obaidul Hasan Shaheen and Md. Jahangir Alam, Advocates-For..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M. Zahir with Moqbul Ahmed, Advocates – For the Petitioner. Mostafa Za..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... Abdul Awal J Nannu Mia @ Habibur Rahman………………………..Appellant Vs. State……………………………………………...Respondent Judgment November 17, 2002. Lawyers Involved: Basheratul Moula, Advocate‑For the Appellant. ABM Waliur Rahman Khan, Assi..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......………………………….Petitioner Vs. Dharus Sunnah Islamia Madrasha…………Opposite Party Judgment June 20, 1996. Case Referred To- AIR 1957 Cal. 242 (7 & 9) Lawyers Involved: Abul Kalam Azad, Advocate—For the Petitioner. Rabi Sankar Chakroborty, Adv..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90....... Present: Gour Gopal Saha J Narayanganj High School and others…….. Petitioner Vs. Pran Ballave Saha Banik and others………Opposite Parties Judgment April 29, 1998. Lawyers Involved: Nurul Haque, Advocate—For the Petitioners. Nikhilesh Dutta, Advocate —Fo..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....reported in 3 DLR (FC) 58. 19. In the case of Nurul Islam Vs. State reported in 18 BLD 695 it was also held that provision of section 342 Cr.P.C. being mandatory the departure from the fundamental principle of the section causes grave prejudice to the accused since the accused appellant was not g......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......hmed Vs. State 8 DLR (SC) 157; A Razzaque and another Vs. State 28 DLR (AD) 35; Rahim Baksh Vs. Crown 4 DLR (FC) 53; Aminul Haque Vs. Crown 3 DLR (FC) 58; Nurul Islam Vs. State 18 BLD 695 (14-20). Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Shoeb Ahmed, Assistant ..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......surul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, A..Category: Fiscal/Taxation Law | Date: | Hits: 132
....or special order. So, it is clear that the legislature has not left under section 13 of the Customs Act, 1989 an unfettered or uncontrolled discretion in the hands of the Commissioner of Customs. The principle enunciated by our Appellate Division in the case of Dr. Nurul Islam, reported in 33 DLR (A......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......IT vs. Manindra & Manindra AIR 1984 (SC) 1182; Congreve vs Home Office (1976) QB 629; Padfield vs Minister of Agriculture (1968) AC 997; Ram Krisna Dalmia vs. Justice Tandulker, AIR 1958 (SC) 538.
Lawyers Involved
Salauddin Ahmed, with Md. Ramzan Ali Sikder and Faustina Pereira, Advocates—Fo..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......ed by the Deputy Commissioner………………Opposite Parties Judgment August 7, 2002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the P..Category: Civil Law | Date: | Hits: 83
.... that there were allegation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugn......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ivision
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999...
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....se reported in 53 DLR (AD) 79, the learned Additional Attorney-General found it difficult to support the case of the respondent No. 3. The learned Additional Attorney-General frankly submits that the principle of law enunciated in 53 DLR (AD) 79 is fully applicable in the present case. 12. For t......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......i Development Authority and others, (1995) 5; Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 53 DLR (AD) 79; Dr Mohiuddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the P..Category: Environmental Law | Date: | Hits: 259
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