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SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......d a written objection against the petition for arrest. The case of the defendant is that no certificate was issued by the Master and Chief Officer of the vessel and that a survey conducted by the SGS Bangladesh Limited showed a damage to the cargo to the extent of Taka 6,17,959.00 only. The plaintif...... Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgment February 2, 1999. Result: The petition is ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgm..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

.... cost. 2. Mr. B Hossain, learned Deputy Attorney-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public pr......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitione......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others …………..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: ......amal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: The appeal is...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents ..

Category: Property Law | Date: | Hits: 63

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

.... question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government could not be ...... approved in the meeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100% export oriented one. After the approval of the project by the Investment Board, Bangladesh Shilpa Bank sanctioned a long term loan to acquire 8 Deep Sea fishing Trawlers in two p......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Chairman, Board of Investment and others... ……………….. Petitioner Vs.  &......n J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Chairman, Board of Investment and others... ……………….. Petitioner Vs.      Bay Trawling Limited and others………&..

Category: Business or Commercial Law | Date: | Hits: 91

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....ischarged by the impugned judgment and order dated 14 March 1995 with a compensatory cost of Taka 3,000.00 against the defendant-petitioner for his high handed conduct who being an officer of the Government was found “unnecessarily harassing” the plaintiff in flagrant violation of t......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......ip;…………… Defendant-Petitioner                   Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ......l Hossain……………… Defendant-Petitioner                   Vs. Khandaker Mujibur Rahman………………Plaintiff ..

Category: Property Law | Date: | Hits: 69

Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

.... import free of customs duty, sales tax, development surcharge and import permit fee during the whole of his term of office, one car or jeep of such specification, and on such conditions, as the Government may specify in this behalf. Explanation.—In this Article, “Membe......bsp;                  Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent ......sp;         Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constitution o......nbsp;                    Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Resp..

Category: Constitutional Law | Date: | Hits: 152

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

.... vessel MV Al-Falah-1, plaintiff No. 2 was owned by plaintiff No. 1 Al-Falah Shipping Lines Ltd., a public limited company. The vessel was carrying 800 metric tons of wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appe......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respon..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)

....taken even before 26 August 1998. The records will bear this out. The remarks of the Prime Minister, however, give the impression that the constitution of the Bench was changed at the instance of the Government which is not correct. 12. The Chief Justice has felt extremely uneasy over the remark......dre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Association. Mahmudul Islam, Attorney-General for Bangladesh. Judgment ATM Afzal CJ.- By an application dated 1st February, 1999, Mr. Habibul ......ithin the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caut......e high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam B..

Category: Others | Date: | Hits: 99

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....actice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......Division (Criminal) Present: ATM Afzal CJ  Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State……&helli......zal CJ  Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State…………………..Respondents Judgm..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)

....implementing inter se seniority as per Annexure-C and without laying down the principles and guidelines for promotion from the grade of Joint Secretary to that of Additional Secretary and above the Government-petitioner has been arbitrarily promoting some Officers of erstwhile EPCS and CS by pic......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………...... Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others……………………...Respondent Judgment ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others………………&hell..

Category: Employment/Service Law | Date: | Hits: 67

Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)

....sp;            November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual scho...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......nbsp;                            Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others………&helli......;       Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment  &n..

Category: Constitutional Law | Date: | Hits: 155

BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)

....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J   Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner   &......ion (Civil) Present: ATM Afzal CJ Latifur Rahman J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J   Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner      &nbs......bsp;  Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner                Vs. Nuruzzaman Khan Brothers……………….. Respondent..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......lendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha……………………Respo......m, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). ...... Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha…………………..

Category: Business or Commercial Law | Date: | Hits: 106

Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)

....f the Judgment and order dated 23 November 1992 of the High Court Division disposing of analogously four writ petitions, namely, Writ Petition No. 41, 59, 84 and 86 of 1989 whereby the order of the Government contained in Memo No. Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) w...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J   Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land ……………&......ent: ATM Afzal CJ Mustafa Kamal J   Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho......ur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Hossain and others…………………&hellip..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

.... J Bimalendu Bikash Roy Choudhury J                           Government of Bangladesh, represented by Ministry of Works and another………&hell......lendu Bikash Roy Choudhury J                           Government of Bangladesh, represented by Ministry of Works and another……………&hel......sp;                       Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed......nbsp;        Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed Chand Sultana and others ……………….Respond..

Category: Property Law | Date: | Hits: 56

Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)

....;    Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and another…&......nbsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and another……&hellip......bsp;                  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of......;      Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and anot..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1989). Judgment       Md. Abdur Rouf J.- This appeal, following leave, by the Government-appellant is from the judgment and order passed by a Division Bench of the High Court Di......bsp;                                Bangladesh…………………Appellant Vs. Anwa......bsp;              Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......bsp;                  Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents ..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....tafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg...... Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ………………&he..

Category: Business or Commercial Law | Date: | Hits: 99

Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)

....fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment November 9, ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..

Category: Constitutional Law | Date: | Hits: 158

Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)

.... Judgment November 24, 1994. The Investment Board Act, 1989 (Act No. XVII of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machi......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J  Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......MH Rahman J ATM Afzal J  Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd…………………. Respond..

Category: Business or Commercial Law | Date: | Hits: 112