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Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....Ozair Farooq, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Petition For Leave to Appeal No. 39 of 1999. (From the Judgment and Order dated 19-11-98 passed by the High Court Division in Civil Revision No. 3536 of 1998). Judgmen...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....enior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent. Civil Petition for Leave to Appeal No. 239 of 1995. (From the Judgment and Order dated 11-1-95 passed by the High Court Division in Writ Petition No. 456 of 1994). Judgment ......discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law……&helli..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For the Respondent. Criminal Appeal No. 25 of 1998. (From the judgment and order dated 26th April,1998 passed by the High Court Division in Criminal Revision No. 444 of 1992). ......there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police Regulation, facts and circumstances of the case and earlier decisions, T I parade has become meaningless and no safe reliance can be made on the same…&h..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... Mahmudul Islam, Attorney General instructed by B Hossain, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeal Nos. 116 & 117 of 1997. (From the judgment and order dated 17-12-1996 passed by the High Court Division, Dhaka in Writ Petition Nos. 4336 and 4337 of 199......me guidelines which are germane to the Customs Act and not alien to it and should also pay heed to the recommendations of the Tariff Commission when protective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advocate-on- Record—For the Respondent. Civil Appeal No. 36 of 1995. (From the judgment and order dated 24-8-94 passed by the High Court Division, Dhaka in Writ Petition No. 449 of 1994). Judgmen...... was held that the appellant acted in excess of his jurisdiction and accordingly, the impugned orders were declared to have been passed without any lawful authority. 6. Being aggrieved by the said decision, the appellants moved this Division and obtained leave to appeal submitting that the High C..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by the High Court Division in Civil Revision No. 117 of 1993). Judgment:......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated 23-11-95 passed by the Administrative Appellate Tribunal in Appeal No. 99 of 1994). Ju......efore us, preferred separate appeals before the Administrative Appellate Tribunal, which by a common judgment and order dated 23-11-95 dismissed all the five appeals substantially agreeing with the decision of the Administrative Tribunal. 4. The gist of the petitioner’s case is that..Category: Administrative Law | Date: | Hits: 159
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....arifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of 1992). ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....dvocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 1408 of 1995......oncurrently by the Courts below and the High Court Division, by the impugned judgment and order dated 27 November, 1996 passed in Civil Revision No. 1408 of 1995, refused to interfere with the said decision. Now this petition for leave to appeal from the same. 2. Facts of the case, ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....Zakir Ahmed, Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on-Record -For the Respondent in both the appeals. Civil Appeal Nos. 48 and 49 of 1993 (From the Judgment and order dated 2-3-93 passed by the High Court Division in Income Tax Reference Application Nos. 30 & 31......anted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter r..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....rd — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passed by the High Court Division, Dhaka in Criminal Revision No. 450 of 1996). ...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....ifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by the High Court Division in Civil Revision No. 1618 of 1991 (Dhaka) 146 of ......s that the title suit between the parties is pending where the question of title between the parties will be adjudicated. The learned Single Judge has not committed any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also ..Category: Property Law | Date: | Hits: 61
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....ant. Md. Nowab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-4. Civil Appeal No. 58 of 1996. (From the judgment and order dated August 20, 1996 passed by the High Court Division in Civil Order No. 2474 of 1996). Ju...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
..... Mahmudul Islam, Senior Advocate, instructed by Md Altaf Hossain, Advocate-on-Record — For Respondent No. 33. Civil Appeal No. 45 of 1995. (From the Judgment and order dated 29-9-93 passed by the Administrative Appellate Tribunal Appeal No. 74 of 1993) Judgment:......n 1986. They cannot claim retrospective promotion along with retrospective seniority. 4. The Administrative Tribunal dismissed the case and the Administrative Appellate Tribunal affirmed the decision with the finding that all the 98 officers in the gradation list which the appellants want..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....te instructed by Mvi Md Wahidullah, Advocate-on-Record--For the Respondents. Not represented—Respondent Nos. 2-3. Civil Appeal No. 45 of 1994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: ......damages will be the value to the trespasser of the use of the property for the period during which he has trespassed, which in a normal case will be the ordinary letting value of the property. The decision of Lord Denning in the first-cited case was applied. 32. Here too the plaintiff&rsqu..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
...., instructed by Md Nowab Ali, Advocate- on-Record--For the Respondent No. 1 Not represented—Respondent: No. 2 Civil Appeal No. 55 of 1994. (From the judgment and order dated June 22, 1993 passed by the High Court Division in Writ Petition No. 1477 of 1988). Ju......to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its writ jurisdiction in setting at naught the decision of a court of facts. (iii) The impugned judgment is untenable because it failed to..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....harifuddin Chaklader, Advocate-on- Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No. 10 of 1995. (From the judgment and order dated August 29, 1995 passed by the High Court Division in Criminal Revision No. 290 of 1991). ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....ey-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — For the Respondents. Civil Petition for Leave to Appeal No. 572 of 1997 (From the Judgment and Order dated 30-4-97 passed by the High Court Division in Writ Petition No. 2032 of 1997). Judgment...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....in, Senior Advocate instructed by Shamsul Haque Siddique, Advocate- on-Record—For the father of the deceased (PW 6). Criminal Appeal No. 30 of 1996 (From the judgment and order dated 13-8-95 passed by the High Court Division, Dhaka in Criminal Appeal No. 258 of 1992). ......thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal and supports the decision on merit, has found it difficult to support the propriety of the impugned judgment The lea..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....t Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment and decree dated January 30, 1992 passed by Admiralty Judge of the High Court Division in Admiralty Case No. ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
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