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Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......r Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred To- Ghyasuddin Ahmed vs Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate instructed by Mvi Md Wahidullah, Advoc..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....But both the Courts below engaged State Defence Counsel for the condemned prisoners to defend their case pursuant to Chapter 12 of the Legal Remembrancer's Manual. Even this Court in the light of its Rules has also caused appointment of the State defence Counsels for these condemned prisoners to def...... vs State…………………………………………………Respondent Judgment November 28, 2006. Cases Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequzzaman, Advocate-on-Recordâ€..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......houdhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate with SM Munir, Advocate, instructed..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....st the judgment and order dated 20-3-2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3260 of 2001 heard analogously with Writ Petition No. 3261 of 2001 discharging the Rules in both the writ petitions. 2. Civil Petition No. 623 of 2004 has been filed by the aforesa......said remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD) 6. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (MA Sobhan, Advocate with him) instructed ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......5, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituti..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....that was seized bore the seal of the company's retail price and there were no papers to prove that the excise duty was paid on those articles; that as those articles were manufactured in violation of Rule 174 of Excise and Salt Act, 1944 in premisÂes not authorised/licensed for manufacture of the c......r fiscal statute imposing a burden on the subject, is to be strictly construed. Where there is doubt an interpretation favourable to the subject should be preferred………………(15 & 16) Lawyers Involved: B. Hossain, Advocate-on-Record. — For the Appellants. Asrarul Hossain, Sen..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......nst principle accused Mohammed Khan by the additional session judge is confirmed and the order of acquittal passed by the High Court Division on appeal be set-aside………………………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the ApÂpellant. Ex Parte — For the ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....alleged by the pre-emptee opposite parties that the pre-emptor petitioner had relinquished or waived his right of preÂemption by a special agreement." 5. Having taken such view of the mailer, the Rule was made absolute and the pre-emption allowed by the impugned judgment and order. 6. Leave w......) to alter their position and the preemptor cannot now turn round and assert his right to undo a transaction which is very largely the result of his own creation…………………………(20) Lawyers Involved: S.R. Pal, Senior Advocate (S. C. Das, Advocate with him) instructed by Md. Afta..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, AdvoÂcates instructed by Md. Aftab Hossa..Category: Criminal Law | Date: | Hits: 49
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ommission and others....…………………………….Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of......ation the returning officer must seek approval of the Election and approval so given even after the poll was over, was valid and legal………..(8 & 9) Case Referred to- 41 DLR (AD) 68. Lawyers Involved: Dr. Kamal Hossain and Fazlul Karim, Senior Advocates, instructed by Sharifuddin..Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....r, Sonali Bank, Head Office, DhaÂka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the...... the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 98
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......a of inadvertence taken. So, the court was justified in rejecting the plea of inadvertence due to alleged pressure of work. Thus conviction of the appellants is justified…………………..(6) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Recordâ€..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......he appellant there is no scope of taking lenient view and the sentence of death under section 302 of the Penal Code confirmed by the High Court Division be affirmed……………………….(19) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellant. B. Hossain, Adv..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....subsequent notiÂfication dated 6.11.84. The High Court Division took the view that the interpretation sought to be given by the Collector of Customs of section 30 of the Customs Act was not tenable. Rule was accordÂingly made absolute and leave was granted as aforesaid for considering the points o......h AhÂmed & another 1981 BLD (AD) 91; Union of India Vs. Anglo Afghan AgenÂcies AIR 1968 (SC) 718; Gujarat State Financial Corporation Vs. Mis. Lotus Hotels Pvt. Ltd. (AIR 1983 (SC) page 848. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Zinnur Ahmed, A..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
.... P.O. 5 of 1972 dated 17.1.72 and Article 3 provided that the Chief Justice and the judges shall hold office" on such terms and conditions as the President may deterÂmine". In exercise of such power Rules were promÂulgated vide Notification No. 154-S.R.O. dated 28.2.72. The Bangladesh High Court J......ax………………(15 & 16) Cases Referred to- Commissioner of Income Tax Vs. N.M. Raiji, 17 I.T.R. 1949 (Bombay) 180; Inland Revenue Comrs. Vs. Wolfson (1949) 1 ALL E.R. 865 (868). Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Mr. Sajjadul Huq, Advocate-on-R..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......mand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......urnish security to refund of the amount whenever required and in such manner the execution of the money decree be stayed and the order of the high court division be modified………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......le to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief…………………..(18) Lawyers Involved: Mahmudul Islam, Advocate, inÂstructed by Shamsul Haque Siddique, Advocate-on-R..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
.... the result-sheets submitted by the Presiding-officers were unauthorÂised documents containing interpolations, etc. The learned Judges of the High Court Division, after hearing the parties, made the Rule absolute in reÂspect of one Centre and discharged the Rule in reÂspect of the other Centre, t...... coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, AdÂvocate-on..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....t rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rules, 1985 and that in the project proforma of the project in question it was clearly shown t......Respondents (In C. P. No. 989 of 2005) A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney Ge..Category: Employment/Service Law | Date: | Hits: 56