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Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....ants arose out of Civil Petition No. 888 of 2002 filed against the judgment and order dated 15th and 16th April, 2002 of the High Court Division passed in Writ Petition No. 5981 of 2000 making the Rule absolute declaring section 8 of the Non-Cadre Class-I and II, Gazetted Officer (Customs Excise......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)

....t the time of the commission of the offence….(103) The offence under section 385/109 of the Penal Code or the offences created by various laws mentioned in rules 14 or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules c......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)

....taining the opinion of the learned Chief Justice of Bangladesh about the appointment of concerned six Judges through the Attorney-General at the time of hearing and further directing that all other Rules being Writ Petition Nos. 1543 of d 2003, 2975 of 2003 and 3217 of 2003 should come up in the ......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

A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)

.... obtain the kabala executed and registered by the said defendant. 4. Thereafter, the defendant-respondent made two applications on 16-04-1998 and 17-06-1998 before the Court under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint. The plaintiff-petitioner withou.............. Petitioner. Vs. Anowara Begum being dead her heirs 1. (a) Mahmuda Selina and others. ........................ Respondents. Judgement: November 16, 2006. Lawyers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Re..

Category: Property Law | Date: | Hits: 41

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

........Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintain...... 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)

....sp;   MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to......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)

.... Md. Tafazzul Islam J.- This appeal, by leave, has arisen out of the judgment and order dated 29-10-98 of the High Court Division passed in Writ Petition No. 2490 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition, by which the......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)

.... J.- These two appeals by leave are directed against the common judgment and order dated 4-1-2005 passed by a Division Bench of the High Court Division in Writ Petition No. 1463 of 2004 making the Rule absolute. 2. The short fact is that Md. Zahangir Alam, the respondent No.1 in Civil Pe...... 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)

....ese facts Gulshan Police Station Case No. 26 dated 6-3-2007 under sections 26 and 27 of the Anti-Corruption Commissioner Act, 2004 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rules 15Ka, 15Kha and 15Gha of the Emergency Powers Rules, 2007 and section 109 of the Penal Code, 1......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)

....Joynul Abedin J.- This appeal by leave is directed against the judgment and order dated 24-11-1998 passed by a Single Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit...... 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)

....ls being Nos.24 and 25 of 1999 have been filed against the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of 1999 (Suo moto) making the Rule absolute.              &...... 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. ......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)

....tled to the relief sought in the suit. 10. As against the judgment and decree of the appellate Court the defendant No.2 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that in the kabala dated July 26,......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)

....ing the same. The petition for leave to appeal was filed against the judgment dated October 20, 2002 of a Division Bench of the High Court Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amend­ment of the schedule (published in the...... 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)

....ssertion that the high powered committee arbitrarily and ficti­tiously raised tariff value without any , objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of Evid...... 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)

....Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 discharging the Rule issued against the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin......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)

....Court dismissed the civil peti­tion for leave to appeal. The Civil petition for leave to appeal was filed against the judgment of the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment......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)

....p; Md. Tafazzul Islam J.- This petition for leave to appeal arises out of the judgment and order dated 16.5.2004 passed by the High Court Division in Civil Revision No. 3948 of 2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional Dist......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)

....hul Amin J. - This appeal by leave is directed against the judgment and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2.  Short facts are that the respondent-pre-emptor filed the Miscellaneous Case ......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. ...... 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