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Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
..... This Case is also Reported in: 50 DLR (AD) (1998) 129. ......e-on- Record respondent No. 1. Dispensed with Court Order dated 18-7-97— Respondent No. 2. KS Nabi, Attorney-General — Amicus Curiae. Mohammad Ali, Advocate — Intervener. Civil Appeal No. 73 of 1997. (From the Judgment......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....eported in: 50 DLR (AD) (1998) 128. ......respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of the Penal Code and another Md. Ismat Ali since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-p......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....AD) (1998) 126. ......ions. Petitioner Khandoker Saiful Islam caught hold of Kadem All who accompated PW l and gave an order to kill him when convicted accused Lal Miah dealt a blow with a holonga on the chest of Kadem Ali. Petitioner Khandoker Saiful Islam then released the victim who fell down on the ground whereup......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....This Case is also Reported in: 50 DLR (AD) (1998) 124. ......bsp; Bimalendu Bikash Roy Choudhury J.- In this case, the dispute between the parties relates to Plot No.16 of the layout plan of the Cantonment Board, Dhaka. In the year 1961 one Mohsin Ali Khan took lease of the plot for 88 years. He constructed a two storied one unit small building......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ...... Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Cantonment Board Dhaka and another ……………...Petitioners Vs. Sayeda Rah..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....AD) (1998) 120. ......t the alleged axe blow by the appellant is alone responsible for causing death of the victim, it is therefore evident that the appellant could not be convicted for causing death of the victim Hyder Ali. …………(13) Lawyers Involved: Abdul Malek instruct......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There havin..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
.... also Reported in: 50 DLR (AD) (1998) 118. ......ch a notice himself being an employee of the Union Parishad……………….(5) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented— The Responde......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of ..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....This Case is also Reported in: 50 DLR (AD) (1998) 114. ......) Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ..Category: Tenancy Law | Date: | Hits: 93
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....he Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. AW Bhuiyan, Additional Attorney-General, by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent Nos. 1-4. Asrarul Hossain, Senior Adv......re the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. AW Bhuiyan, Additional Attorney-General, by Mvi. ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......eal Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the ..Category: Property Law | Date: | Hits: 89
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... (AD) (1998) 97. ......n and Tenancy Act was also not maintainable…………………..(6) Lawyers Involved: Md. Fazlul Karim, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner (In both the petitions). Not represente......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......lip;………………………………………….. Pre-emptor Petitioner Vs. Sree Binod Lal Somaddar and others……………………………....Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
.... Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......d of sentence reduced to the period already undergone and remitting the sentence of fine…………………….(5) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General, instruc......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....orted in: 50 DLR (AD) (1998) 93. ......s that the Court of Settlement heard and disposed of two cases together by a common judgment namely, Case No. 255 of 1987 filed by respondent Nos. 2-6 and Case No. 437 of 1987 filed by one Mohammad Ali (Ratan) claiming the case property to be his own and also claiming that the case property is no...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respondents Judgment July..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
.... 92. ......h him), instructed by Md. Zahangir, Advocate-on-Record - For the Petitioners. Syed Ishtiaque Ahmed, Senior Advocate, (Syed Shahid Hossain, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Universal Pharmaceutical Ltd. and another……………………………...Category: Intellectual Property Law | Date: | Hits: 242
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....ion of the result and the Chairman or Members, without good cause shown, fail to take oath on that date……………………(4) Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-...... DLR (AD) (1998) 89. ......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition..Category: Election Law | Date: | Hits: 110
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......s considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represented- the Respondents. Criminal ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......5 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Cou..Category: Criminal Law | Date: | Hits: 95
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....ference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......er appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Record —For the Petitioner. Sharifuddin Chaklader, Advocate-on- Record-For Re...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......sent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The petition ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......to- Kazi Mohd Amirul Islam Vs. Bangladesh, 1996 BLD (AD) 110. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record For the Petitioner. Md. Nowab Ali, Advocate-on-Record-For Respondent No. 5. Not represented—The Respondents. Civil Petitio......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ..Category: Employment/Service Law | Date: | Hits: 137
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....ssed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......ly with the leave of the Court and it is in the discretion of the Court to grant or not to grant leave…………………..(2) Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed Nawab Ali, Advocate-on-Record — For Petitioners. Not represented —the Respondents. Civil Pet......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ...... Court Appellate Division (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign ..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......s. Md. Syed Hossain and others, 25 DLR 485, Mir Golam Kibria vs. Raja Promatha Bhusan Deb Roy, 39 CWN 586 and Kamta and another vs. Gaya Prashad, AIR 1972 All 143. Lawyers Involved: AJ Mohammad Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Petitioners. Shahab......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......8) 71. ..Category: Property Law | Date: | Hits: 77
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....tions. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......¦â€¦â€¦.(7) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record—For the Petitioner. Abdus Sobhan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not Represented—Respondent No. 1. Civil Pe......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
.... The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dism......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse..Category: Property Law | Date: | Hits: 74
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