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Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......gong Port in the middle of 1990. On May 13th 1992, respondent No.1 applied for issuing fishing licenses. The department of fishing by their letter dated 27-5-92 informed respondent No.1 that the application for issuing fishing license could not be considered favourably on the plea bf the gover..Category: Business or Commercial Law | Date: | Hits: 91
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......itutional 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 Bhuiyan, President, Supreme Court Bar Association. Mahmudul Islam, ..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....rnment appeal would be disposed of within that time. Unfortunately, that was not to be, and the appellants made a prayer in the High Court Division either for extension of bail or for granting them fresh bail. The learned Judges, however, did neither and by the impugned order dated 30 May, 1995 ...... directed the Deputy Commissioner, Barisal to take the appellants into custody but allowed other co-accused to go on ad-interim bail. 2. The appellants voluntarily surrendered and filed an application for bail before the High Court Division. The Bench, which heard the matter, summarily r..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....eisin of the case both on fact and law and, as such, he was competent to reduce the sentence. We do not think that it will be proper in the facts and circumstances of the present case to consider afresh the question of sentence on the ground of old age alone which consideration was there in the ......ers. 6. The learned Single Judge of the High Court Division found that loan was obtained in favour of five dead persons. The accused-petitioners did not dispute their signatures on the loan application and in the mortgage deeds. Mawlana Abdul Hye signed his name as a witness and accused ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......and formulate a policy guideline on promotion to the grade of Additional Secretary and above. No ad-interim order was passed on that date. 2. The writ petitioner-respondents later filed an application on 15-2-98 before the Division Bench for an injunction stating that without implementin..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 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. ......contained in Annexure-D and the show cause notice itself refers to that direction. It was argued on behalf of the respondent- petitioners that Annexure-F is an independent notice after independent application of mind by the Board under Regulation No. 11 of the Regulations, 1977. The High Court D..Category: Constitutional Law | Date: | Hits: 155
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......scharging the Rule, thereby affirming the judgment and order dated 9-3-96 passed by the Assistant Judge, Shahzadpur, Serajganj restoring Other Class Suit No.22 of 1987 dismissed for default, on an application filed by the plaintiff- respondent under section 151 of the Code of Civil Procedure. ..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....n has already stayed the operation of the said injunction order in the appeal taken by the respondent against the said order. 7. It appears that the petitioner filed the writ petition on a fresh cause of action when the date of sale of the petitioner’s mill was set down on 4-3-98. ......Taka 1 crore against the respondent. At that stage, the respondent attempted to sell the petitioner’s Mill under article 34 of the BSRS Order, 1972 and published tender notice for sale. On an application filed by the petitioner the trial Court by order dated 7-10-1995 granted temporary inj..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....ed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had been duly served notices under section 5(1a) and 5(3) so the petitioners need not be served with notice afresh…………………(10 & 11) Lawyers Invo......f the Act Shah Sufi Emaduddin Ahmed Chisty, their vendor himself never raised any objection in this regard. None of the writ petitioners did also approach any authority till 1986 when they made an application before the Joint Secretary of the Ministry of Land Administration and Land Reforms. It ..Category: Property Law | Date: | Hits: 50
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......f purchase money was illegal and that plaintiff No.1 was bound to pay only the amount which will be determined by a joint survey committee. 3. After filing the Suit the plaintiffs filed an application on 23-8-89 under Order 39 rule 7 read with section 151 CPC for inspection/survey of the..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......ition for leave to appeal by respondent No.2 petitioner is from the judgment and order dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the petitioner’s application for direction and clarification and/or modification of the learned predecessor Company ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ed Khan (writ petitioner), Asfaq Khan, Aftab Khan and Bilkish Banu were also not successful in their attempt of getting the buildings released from the list of abandoned property. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, ..Category: Property Law | Date: | Hits: 48
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....ary rate i.e., 10% ad valorem without any VAT and AIT. 8. The learned Additional Attorney-General seeking leave to appeal from the said judgment submits that the disputed machineries being fresh import of machinery parts and not being for replacement of capital machineries imported earli......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. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......e No. 282(f) of 1997 Contempt). Judgment ATM Afzal CJ.- This petition is from an order passed by a Division Bench of the High Court Division allowing an application for modification of an earlier order. 2. Relevant facts are like this: the peti..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ...... considering that the substantive offence of 342 of the Penal Code is not triable before the Special Tribunal. Had the original offence charged been one under Penal Code then the learned Judges by application of section 238 of the Penal Code could come to a finding that the offence constitutes, ..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....und title and possession in favour of the plaintiff. The learned Subordinate Judge disbelieved the story of surrender of the suit land as the paddy rent of the holding was excessive and thereafter fresh lease in respect of the suit land at a money rent was taken by the plaintiff from the landlor...... of the suit land to be prepared in the name of his wife. The story of pattan of the suit land in the name of his wife is fictitious and the plaintiff got the MR Khatian corrected in their names on application under section 143 of the State Acquisition and Tenancy Act to the Revenue Officer on 24..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......ence of this court to allow the appellant an opportunity to submit an unconditional apology which may be considered in mitigation of the sentence. 12. The appellant has since filed a sworn application with the leave of the Court which reads thus: 1. The appellant filed an a..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......me was not a ground relatable to the order of detention and on the fact of the order it shows that it was not passed in terms of sub-section (1) of section 3 of the Act which manifests a total non-application of mind. ………………………&hellip..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......unal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall be ..Category: Administrative Law | Date: | Hits: 121
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