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Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... February 26, 2007. Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....ith clause (1) of Article 102 for the enforcement of the rights conferred by Part III of the Constitution. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ollector of Customs 49 DLR (AD) 172; Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; JB Sampath Kumar vs Union of India, AIR 1937 SC 387 and Chopra vs Union of India AIR 1987 SC 357. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Md. Ahsanullah..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......s over the last decade not a single prosecution of any person responsible for major corruption including political leaders, who led successive governments and in effect enjoyed absolute impunity. Internationally, the reputation of Bangladesh suffered as it was ranked for successive years, as bei......tate vs Moulvi Muhammad Jamil PLD 1965 (SC) 681; Maxwell on Interpretation of Statutes, 1962 Edition, pp.212,216 and 217 Crawford on Statutory Construction, 1940 Edition, page 568 and 648, Halsbury's Laws of England, Vol. 36, Third Edition, pp. 423 and 426, Craies on Statute Law, Fifth Edition, pp. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......azlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....t case the defendant No. 2 in Money Suit No. 21 of 1993 along with written statement also filed a counter-claim and paid requisite Court fees on the amount claimed. Accordingly, in view of the principle as laid down in the above case, there could be no legal objection to the Court treat...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... Cases Referred to: United Shipping vs. WH Bennett 36 DLR (AD) 175; United Liner Agencies of Pakistan vs. Ehram Jute Baling 27 DLR (AD) 170; Laxmidas vs. Nanabhai AIR 1964 SC 11. Lawyers Involved: Syed Shahid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......Cases Referred To- Collector of Customs vs. A Hannan 42 DLR (AD) 167; Mostafizur Rahman vs. Government of Bangladesh 51 DLR (AD) 41; Bangladesh vs. Mizanur Rahman 52 DLR (AD) 149. Lawyers Involved: Munsur Habib, Additional Attorney-General, instructed by Sufia Khatun, A..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ease .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to release the land in question…………….(6) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate-..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... of Taka 18,500 per metric ton for MS Rod and MS Flat Bar and further, to accept the bid offer of the writ petitioner for item No. 7 and whether the writ petition was maintainable being hit by the principle of estoppel and for suppression of the material fact that the writ petitioner paid for th......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... for the same and directing the Government to allow the writ petitioner to take delivery of the remaining items by accepting such negotiated price………….(9 and 10) Lawyers Involved: TH Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-o..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....interpret law in the light of manifest intention of the legislature." Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16. 45. In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dispose of the ap......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......tates (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46 DLR (AD) 143; 1999 BLD (AD) 202 = 51 DLR (AD) 162. Lawyers Involved: Anisul Huq, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to exercise power under section 73 of the Evidence Act. Lawyers Involved: Fawzia Karim, Advocate (appeared with the leave of the Court), instructe..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 1997 (Kerala) 291; Myers V. United States, 272 U.S. 52,71,L.Ed.160. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In both c..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ate, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assis..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ...... People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-re..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....l of the Court in support of the fixation of the tariff value, possibly the appellant would have no grievance in the rule. 20. Dr. Kamal Hossain has relied on the decision and the principle of law enunciated in the case of Mustafa Kamal Vs. The Commissioner of Customs reported i......el appearing for the appellants has detailed the background of the necessity of the protective value in order to protect local industries and determining a fair price of the goods in the prevailing International market introducing the tariff value in the Country since 1976 and with that end in v...... others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Khondkar; Her Majesty the Queen Vs. Burah, 5 Indian Appeals (Vol-V) 178; In re Art.143, Constitution of India and Delhi Laws Act (1912), A.I.R. 1951 (SC) 332. Lawyers Involved: Dr. Kamal Hossain, Senior Adv..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advo..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......ellip;……………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretar..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ip;………Petitioner Vs. Md. Yasin Ali and other ……………………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed b..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......n J Humayun Kabir Khan …………........Appellant Vs Md. Nurul Haque & others ...........Respondents Judgment November 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... others..................Respondents Judgment August 9, 2006. Cases Referred To- Monoranjan Mukherjee vs Election Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advoca..Category: Administrative Law | Date: | Hits: 132
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