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Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......……Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the ..

Category: Tenancy Law | Date: | Hits: 142

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....ll Cause Court has been effectively ousted, despite the fact that the procedure for conciliation has been put into abeyance in view of the dissolution of all legal council and Municipal Committees in Bangladesh by virtue of Article 3 of Presidential Order No. 7 of 1972. Learned Counsel has referred ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ...... Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—F..

Category: Tenancy Law | Date: | Hits: 163

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

.... 9. As regards the second point, Mr. Huq contended that in view of rule 162 of the De­fence of Pakistan Rules, 1965, the respondent Abani being an alien enemy cannot prosecute any litigation in Bangladesh with respect to any property. It is to be noted that the respondent filed a suit ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ......5, CWN 392; Lachhman Rai v. Jang Bahadur Rai, AIR 1934 Allahabad 287;  Mohanlal v. Khushalibai, AIR 1937 Sind 101; Ganesh Chandra Basu v. Bashu Leskar (1958) DLR 79= PLD 1958 Dac, 295. Lawyers Involved: Moinul Huq, Advocate instructed by S.M. Huq, Advocate-on-Record-For the Ap..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Court Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......Referred to- 27 DLR, 64, 170, 428; 1953 SCA 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969) 1 AI ER 208 at p. 223; 53 CWN 718, 725; PLD 1959 SC 387 at 414; PLD 1960 SC 237. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instruc..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......cs Trade and Technology Develop­ment Corpn Ltd., Secunderabad vs. Indian Technolo­gists and Engineers (Electronics) Pvt. Ltd. AIR 1996 (SC) 2339; Abdul Quader Chowdhury vs. State 28 DLR (AD) 38. Lawyers Involved: AM Mahbubuddin, Advocate (appeared with the leave of the Court) instructed by M..

Category: Criminal Law | Date: | Hits: 138

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  .......................Petitioners Vs. Md. Abdul Kuddus and others……...Respondents Judgment          April 6, 2008. Lawyers Involved:    SK Md. Murshed, Advocate (appeared with the leave of th..

Category: Criminal Law | Date: | Hits: 50

Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)

....ivision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: S......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ...... Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: Sarwar Ahmed, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For..

Category: Civil Law | Date: | Hits: 111

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

....ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ...... February 26, 2007.  Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 39

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

....shy;desh and others..................Appellants Vs. Md. Salahuddin Talukder ..........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Cust...... petition stating, inter alia, that the respondent was appointed as an Appraiser in the Customs House, Chittagong on 1-9-1990 by office Memo No. 1(11) admn. 11/83/1007 dated 26-6-1983 issued by the National Board of Revenue. The organisational set-up of the Collectorate of Customs, Customs House,......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ......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)

.... (Civil) Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another............................r stated that the respondent No.1 is a law abiding and peace loving citizen of Bangladesh. She is the former Prime Minister of the Government of Bangladesh and was the Leader of the Opposition in the National Parliament from 1986-1987, 1991-1996 and 2001-2007. She is the daughter of Late Bangabandhu......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......s State of West Bengal, ILR (1974) 1 Cal 346; PD Patel vs Emperor 1ITR (1933) P 363 and Anti-Corruption Commission vs Barrister Mir Mohammad Helal Uddin and Barrister Nazmul Huda, 60 DLR (AD) 57. Lawyers Involved: Salauddin Ahmed, Additional Attorney-General (Zahirul Islam Mukul, Deputy Atto..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

.... Present: Md. Ruhul Amin CJ Md. Fazlul 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..............ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......vs. Union of India AIR 1994 (SC) 1918; New York Times Company vs. United States 403 US 713 (1971); Nixon vs. United States 418 US 683 (1974); State of Punjab vs. SS Singh AIR 1961 (SC) 493. Lawyers Involved: MA Azim Khair, Deputy Attorney-General, instructed by Md. Ferozur Rahman,..

Category: Constitutional Law | Date: | Hits: 124

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

....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   .............. 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)

....pending, also filed Admiralty Suit No. 44 of 1994 in the Bombay High Court claiming from the defendant No. 2 the same very dues as claimed in the above money suit and got the above MV Loyal Bird, a Bangladeshi vessel, arrest­ed while she went to India in connection with her voyage and due to ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... 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)

....h, on review, was subsequently reversed………..(7)  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:......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......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)

.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......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)

....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... 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)

....n Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (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......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......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)

....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... 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)

....al Code and other penal laws of the country…………….(44) Cases Referred To- Khondaker Modarresh Elahi Vs. The Government of the People's Republic of Bangladesh, 21 BLD 352; Bharat Kumar K. Palicha and another Vs. State of Kerala and others, AIR 199......o moto  Rule on 15.02.1999 under Section 561A of the Code of Criminal Procedure upon the appellant of Criminal Appeal No. 24 of 1999, who at the relevant time was General Secretary, Bangladesh Nationalist Party and others to show cause as to why activities for pro-hartal and anti-hartal sho......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... 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. ......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. ......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