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Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ........Appellants Vs. Mohammad Ali................Respondent Judgment April 19, 2007. Cases Referred To- Bangladesh Vs. Mizanur Rahman, 52 DLR (AD) 149. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Sufia Khatun, Advoca..

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

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... Mir Kalimuddin and others...................Petitioners Vs. Md. Dukhi Mondal and others…………... Respondents Judgment April 5, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nuru..

Category: Property Law | Date: | Hits: 35

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....1 of the Code of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ....... Md. Tahed Ali, 47 DLR 326; Messrs Adamjee Jute Mills Ltd vs. Chairman 3rd Labour Court 39 DLR 11; Lal Mamud Vs. Siraj Miah 45 DLR 638; Afsaruddin Ahmed Vs Banque Indosuez, 44 DLR (AD) 136. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Appellant. ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....t prejudicial to the interest of Bangladesh. The second is the property which is in possession or under the control of the Government under any law in force for the time being". 36. "Thus from the principle laid down in the case cited above, it is found that the construction of Article 2 (1) is e......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ....... Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Government of Bangladesh vs. Messrs ATJ Industries Limited and others, 28 DLR (AD) 120. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate (Dr. M Zahir, Senior Advocate with..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......udgment July 17, 2006. Cases Referred To- Buchanen vs Wasley, 245 US 60 at p. 74; Rajahmundry Electronic Supply Corporation vs State of Andhra, (1954) SCR 779 at p. 780. Lawyers Involved: AF Hasan Ariff, Senior Advocate, instructed by Mvi Md Wahidullah, Advocate..

Category: Civil Law | Date: | Hits: 216

Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)

....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......in J Bangladesh...........................................Appellant Vs. Md. Abdur Razzak and others..................Respondents Judgment February 7, 2007. Lawyers Involved: Md. Firoz Shah, Advocate-on-Record—For the Appellant Dr. M Zah..

Category: Administrative Law | Date: | Hits: 117

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....ebruary 26, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any furthe......is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......ed and the appellants pay an amount of tk. 2000/- to the respondent as cost within three months failing which it will bear interest at the rate of 9% till realization…… ………(10 & 12) Lawyers Involved: ABM Khairul Huque, Advocate, instructed by Md. Nurul Huq, Advocate-on-Record, (..

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......n Vs. Nurannessa Chowdhury, 10 DLR 472; Delbaz Vs. Sarada Sundari Debya, 13 DLR 334; Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Moham­mad Ali, Advocate with him) in­struc..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......now of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(20 & 23)  Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Recordâ..

Category: Procedural Law | Date: | Hits: 116

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....but merely an agreement to enter into a contract and the High Court Division, on misreading and miscons­truing the correspondences vide Annexures A, A(1), D, D(1), E and E(1) and misconstruing the principles laid down in Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89, Collipara S...... The appeal is allowed. Case Referred To- Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89; Collipara Sriramulu Vs. Aswatla Harayal, AIR 1968 SC 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and other......hers AIR 1976 SC 2216; EFO Vs. Ram Sanchi, AIR 1973 SC 205, Virigante Navin Vs. Govt of AP and others (2001) 8 SSC 744; The Controller of Auditor Gunted of India Vs. KS Jagunath, AIR 1987 SC 53. Lawyers Involved: Md. Rafiqul Huq, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......nding area (section 5(5)(a). Further, National Arsenic Policy refers to the importance of establishing a regulatory framework for ground water management. 17. It also appears that under the International Covenant on Economic, Social and Cultural Rights, 1966 (the Covenant),which was ratif......r Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-o..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......rban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Ban­gladesh.......Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 76

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....bove finding decreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......en J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record..

Category: Property Law | Date: | Hits: 33

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......n and anr.........Petitioner Vs. Syed Altaf Hossain and another…………..Respondent Judgment August 26, 1977 Lawyers Involved: K.A. Bakr, Senior Advocate, with Serajuddin Ahmed, Advocate, instruc..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....s given great weight and when its finding is accepted as correct on re-assessment by the appellate Court, then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable wit......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......asji Tata Rawool and others Vs. State of Maharash­tra, 1971 Vol.III SCC 416; 1969 Vol.I SCC 48; 18 DLR (WP) 112; Lachman Singh Vs. State AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......resh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS Nabi, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 251: PLD 1964 (SC) 321. Lawyers Involved: S. R. Pal, Advocate, with Md. Moksodur Rahman, Advocate instructed by S. M..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....s not well founded. It has feebly been submitted by the learned Counsel for the appellants that plaintiff's case has been decreed on the weakness of the case of the defendants although the accepted principle of law is that plaintiff is to prove his case or, in other words, plaintiff's success de......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......p; August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237;  48 DLR (AD) 154; 57 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Adv..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......azzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Hu..

Category: Tenancy Law | Date: | Hits: 156