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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... was totally wrong to hold that the suit was not maintainable as the transaction was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: ......bsp; Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respo......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......dhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………….Respondent......kash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Chowdhury Nasimul Baqui…………….Appellant Vs. Bangladesh Steel and Engineering Corporation& others………&helli......templates repeal of an Act and not of a Regulation under the rule making power………(6) Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Ex Parte — The Respond..Category: Employment/Service Law | Date: | Hits: 69
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... 3. The case of defendant No. 2 (respondent No. 2) on the other hand is that the suit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sree......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy Commissioner & Custodian of the Vested Property & Non-Resident Property...... overt act of the possessor indicative of disregard to the permissive possession as such upto the successor of the original permissive possessor is exhausted. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (With AA Chowdhury, Advocate) instructed by Md. Nawab Ali, Advoca..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....intment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Inspector of Police gradually attained the position of Officiating Assistant Superintendent Of Police. The Government in the Ministry of Home Affairs by notification No. MHA/ Pol-1 Apptt-12/92/60 dated 3 F......n J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others……&hellip......mudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and others…&hel......ek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rah..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 from respondents who are petitioners in Writ...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......sh Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others…………………. Petitioners Vs. Shahabuddin and others……………... Respondents ...... Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by AKM Shahidul Haque, Advocate-on-Record — For the Petitioners. Subrata Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Not represented —..Category: Property Law | Date: | Hits: 71
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
.... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others……………………...... Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others…………………… Respondent ......hury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others………………&he......n (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....udhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents ...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment&......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. R......d person within the meaning of article 102 of the constitution because of gazette notification relating to delimitation of words. ……….(7) Lawyers Involved: Md. Nazmul Huque Nasim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....n etc be enacted or framed or made separately for judicial service and judicial magistracy…………………76(5) Article 115 Impugned orders are declatered ultra vires the Constitution. The Government be directed to establish a separate judicial pay commission forthwith as a part of the ru......¦â€¦â€¦Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judicial service is a service of the Republic......Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment Decembe...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 199..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......bsp; Islami Bank Bangladesh Limited………………….Appellant Vs. ......sp; Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...R......ng aside an ex parte order of dismissal of the suit for default.………………..(13). Lawyers Involved: Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Ex parte—the Respond..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....lopment Board hereinafter referred to as PDB” were transferred from Sylhet to various districts, namely, Jamalpur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer o...... Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others…………….. Respondent ......esent: Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others…………….......…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petitioners. Sharifuddin Chaklader..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....erved as follows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a Government servant was challenged as arbitrary, as has been done by the appellant in the present c......atifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Jud......nt: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondent......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....lip;…………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election pro......jurisdiction. In such a situation aggrieved party can always agitate the matter before the Election Commission. In support of his submission Mr. Faiz, placed reliance in the case of Nazir Ahmed vs. Bangladesh Election Commission & others reported in 41 DLR (AD) 87 wherein this Division has......Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents ......er as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......y virtue of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Ordinance, 1987 briefly “the Ordinance’ which came into force from the date of its publication in the Bangladesh Gazette on 20-1- 87, the learned Special Judge by his Order No. 50 dated 26-2-87, reviv......Nur Israil Talukder (Md) ………………………Accused-Appellate Vs. State……….…………..Respondent Judgment...... ..Category: Criminal Law | Date: | Hits: 59
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....avamen of the petitioners’ grievance is that under Article 6 of the Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law......rs Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Orde...... Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Jud...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment &n..Category: Property Law | Date: | Hits: 47
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......tioner-company. On being aggrieved by this judgment of the Labour Court the petitioner moved the High Court Division under section 102 of the Constitution of the People’s Republic of Bangladesh and obtained Rule Nisi. But the same was subsequently discharged by the aforesaid judgme...... J A MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………….Petitioner Vs. Md. Abul Kalam Azad and another………………...Resp......MM Rahman J Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………….Petitioner Vs. Md. Abul Kalam Azad and another………………...Respondents ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ BB Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh……………&hel......on (Civil) Present: Mustafa Kamal CJ BB Roy Choudhury J A MM Rahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner ......ahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……….…&h......sp; Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—F..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......hers…………………………………….Respondents Judgment November 21, 1999. The Constitution of Bangladesh, 1972, Article 103 A party should not be heard on a ground on which leave was not...... Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others…………………&helli......ikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers Involved: Subrata Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented &m..Category: Property Law | Date: | Hits: 59
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......p;………..petitioners Vs. Abdur Jabbar Dewan and others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the p...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar Dewan and others ………….. Respondents Jud......35. ..Category: Property Law | Date: | Hits: 73
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......;…. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judgment February 5, 1997. The Constitution of Bangladesh, 1972, Article 103 The Dhaka University Order, 1973 (President’s Order No. ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another&he..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....nd others……………..Respondents Judgment December 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not posses......untervailing duty under section 18A and (3) anti-dumping duty under section 188. Section 19 of the Customs Act delegates to the Government the power to exempt any goods imported into or exported from Bangladesh the whole or any part of the customs duties chargeable thereon. Section 18(2), 18A, 18B a......eme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Mustafa Kamal and another……………Appellants Vs. Commissioner of Customs and others……………..Respondents Judgment December 8, 199......and others, 48 DLR 199, Phassco Hardware Company vs. The Government of Pakistan, PLD 1989 Karachi 621. Lawyers Involved: Dr. Kamal Hossain, Abdul Baset Majumder Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants (In both the Appeals). Mahmudul Islam,..Category: Business or Commercial Law | Date: | Hits: 165
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