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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……………...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...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe......nt: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondent..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......Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January ......Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents ..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......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ......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......Appellate Division (Civil) Present: Mustafa 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 Mrid...... 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..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......Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………….Petitioner Vs. Md. Abul Kalam Azad and another………………...Respondents Judgment A...... 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..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 ...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb......ahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……….…&h..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......y J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others……………………………&h...... Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others…………………&helli..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...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar De...... 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..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. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ......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. ..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......ported in: 52 DLR (AD) (2000) 1. ......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..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....so Reported in: 49 DLR (AD) (1997) 177. ......: 49 DLR (AD) (1997) 177. ......D) (1997) 177. ......ivision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and others…………………Appellants Vs. Md. Tajul Islam………………………………………………...Respondent Judgmen..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... Vs. Bangladesh Bank, represented by Governor and others…………….. Respo......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners ......Petitioners Vs. Bangladesh Bank, represented by Governor and others…………&hell..Category: Administrative Law | Date: | Hits: 159
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......corporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooperation, now Bangladesh Sugar Mills Corporation as a Nation......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-......llant Vs. Commissioner of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....vision. While the revision was pending before the High Court Division, Mr. M Shamsul Alam, Deputy Attorney-General appearing’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. According...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......Supreme Court Appellate Division (Criminal) ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Abdul Khaleque and Others………………..Petitioners &n......nd Others………………..Petitioners Vs. Md. Hanif and Others………………..Respondent ..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ain argument of Mr Abdur Rab Chowdhury, learned Advocate for the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of......f Mr Abdur Rab Chowdhury, learned Advocate for the appellants, is based on the office Memo dated 10.8-94. This Memo is an order of the Implementation Cell of the Ministry of Finance, Government of Bangladesh stating that as per approval of the Martial Law Committee dated 26-6-83 of the National ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ...... Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others……………&hell..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....d on the same business by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at ......usiness by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at Bhatiary. He is...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......J Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... ......ourt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashr......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ………………&hell..Category: Property Law | Date: | Hits: 89
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....p; Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessi...... Judgment: Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold ......lved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocat......ip;…………………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other………&hellip..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barg......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......ttorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the Appellant. Abdus Sobhan, Advocate, instructed by M Nawab Ali, Advocate-on-Record—For Respondent. Khandker Mahbub Hossain, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record&m......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
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