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Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......rogation of his interest, which is not permissible. Such finding of the High Court Division has been confirmed and the Appeal is dismissed…………..(8 & 10) Lawyers Involved: MA Sobhan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ch, acquittal and conviction under one Act will not automatically operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate wi..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ...... having given upon the writ petitioners before cancellation of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-o..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......s quite correct in holding that the revisional application was not maintainable as because the order impugned in the revisional application was appealable. ……………………….(7 & 8) Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by ASN Khalequzzaman, Advocate-on-..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... witness made the said statement to him while he was recording the statement of the witness under section 161 of the Code of Criminal Procedure. 13. It may be pointed out the settled principle of law is that the statement made by a particular witness and recorded by the Investigati......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......eferred To: Moyezuddin and another vs State 31 DLR (AD) 37; Nazir Hussain vs Muhammad Shafi and others PLD 1965 SC 188 = 17 DLR (SC) 40; Md Ramjan vs Nasir Hossain 21 DLR (SC) 104. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rah..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....he has submitted that Title Suit No. 123 of 1990 was dismissed on the ground of limitation and other grounds and that Title Suit No. 14 of 1991 was dismissed on the ground that the same was hit by principle of res judicata. Next, Mr. Md. Fazlul Karim has argued that the High Court Division in it......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Abdul Kader and others vs AK Noor Mohammad 36 DLR (AD) 261; Mahaprabhu Ram vs Gopal Ram and others 42 DLR (AD) 158; Lal Meah and others vs Haji Md Ibrahim Meah and others, 28 DLR (AD) 61. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......uiry Officer. Appellate Tribunal on correct appreciation of law and the materials on law was fully justified in allowing the appeal……………..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahid..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......have been rightly sentenced to death. The Appellate Division disapproved leniency in the sentence and in modification of the sentence passed by the High Court Division…………………….(22) Lawyers Involved: A KM Fakhrul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DLR (SC) 309. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Ad..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Deputy Secretary of the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impugned order was against the principle of natural justice and in violation of Article 135(1) of the Constitution. The respondent...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Because of pendency of a Criminal Case against the Appellant during the period of her removal, such removal was not a removal simpliciter, because of which she is entitled to protection of Law eligible to her……..(10) Lawyers Involved: Tabarak Hossain, Advocat..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....licy are not "judicially enforceable", that these Principles are not laws but are simply guide‑lines for the State including Parliament and that even if any law is inconsistent with the Fundamental principles that cannot be challenged in court; they contended that the impugned (Repeal) Ordinance i...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR 1983 (SC) 378; KC Gajpati Narayan Vs. State of Orissa , AIR 1953(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate,..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ....................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Rec..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....tice, they are immune. Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men." 15. The principles laid down in the aforementioned cases are substantially followed in our jurisdiction. I ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......sham Hyder, 28 DLR (HD) 285; Ilkley Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates w..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... 3. The respondents filed two separate writ petitions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ........................Respondents (In Civil Appeal No. 8 of 1992) Kabita Rani Hajra ......................Respondent (In Civil Appeal No. 10 of 1992) Judgment August 30, 1992. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him), instruct..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....to take a different view of the quantum of earth already cut but as long as the Arbitrator's finding is based on the evidence he received and on empirical deductions not challenged on any engineering principle, his finding cannot be disturbed as without any basis. The High Court Division, therefore,...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ....................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advoca..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) in..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....witnesses, it has got hardly anything to prove or disprove whether the criminal act of several accused persons was done in furtherance of their common intention. 9. Section 34 lays down the principle of joint liability for doing a criminal act. The essence of the liability is to be found ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......riminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....sion that an application for substitution in a proceeding under Order 9 rule 13 of the Code is actually an application under section 151 of the Code of Civil Procedure. It will not be governed by the principle of survival of cause of any Costs action as in Order 22 rule 3 of the Code of Civil Proced......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandra Das, 32 DLR (AD) 171. Lawyers Involved: Khander Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader,..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ...... Sheikh Ibrahim & others……………Petitioners Vs. Nazma Begum......................Respondent Judgment August 16th, 1992. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not R..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ......ution (Seventh Amendment ) Act, 1986 (Act I of 1986) The General Clauses Act ,1897 (Act X of 1897), Section 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust..Category: Employment/Service Law | Date: | Hits: 93
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