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Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......oms 48 DLR (AD) 58; MA Hai vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84 = 40 DLR (AD) 206; Dhaka Warehouse Ltd and another vs. Assistant Collector of Customs, 1991 BLD (AD) 327. Lawyers Involved: Mahmudul Islam, Attorney-General (Bazlur Rahman Chhana, Deputy Attorney-G..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......;      Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh an..

Category: Administrative Law | Date: | Hits: 125

Billal Vs. State, 2000, 29 CLC (AD)

....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......;……(12)  Cases Referred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. State, 29 DLR (AD) 269. Lawyers Involved: M Shamsul Alam, Advocate, instructed by Md Aftab Hossain, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 58

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ollowing the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid……(11)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R..

Category: Others | Date: | Hits: 84

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......action was past and closed…………………(11)  Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appellant. Kh..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......t of the election of directors of a company including a Bank Company. Appellants have locus standi to file the appeal……………………(22)  Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed..

Category: Business or Commercial Law | Date: | Hits: 107

Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)

....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ...... the proceeding against the appellant. Section 6 of the General Clauses Act contemplates repeal of an Act and not of a Regulation under the rule making power………(6)  Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advo..

Category: Employment/Service Law | Date: | Hits: 69

Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)

....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…………(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advo..

Category: Procedural Law | Date: | Hits: 97

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Union of India, AIR 1987 (SC) 385 (Para 16) and JB Chopra vs Union of India, AIR 1987 (SC) 357 (Para 2). Lawyers Involved: Abdur Rab Choudhury, Senior Advocate, instructed by Md. Aftab Hossain, A..

Category: Constitutional Law | Date: | Hits: 151

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......accused not guilty by the High Court Division placing no reliance upon confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal.  Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Re..

Category: Criminal Law | Date: | Hits: 64

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......h, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable.  Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocat..

Category: Employment/Service Law | Date: | Hits: 70

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ignated as the Judicial Service of Bangladesh or Bangladesh Judicial Service and a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. Law or rules or executive orders having the force of rules be framed relating to posting, promotion,..

Category: Constitutional Law | Date: | Hits: 829

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......lea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, ..

Category: Employment/Service Law | Date: | Hits: 90

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ion under the proviso to section 46 (2) of the Act. So there is no illegality in the impugned order………………………(9 & 12).  Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rokanuddin Mahmud, Senior Advocate w..

Category: Business or Commercial Law | Date: | Hits: 116

Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)

....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......Division has exceeded the jurisdiction and taken upon itself the responsibility which lies on the shoulder of the Election Commission………………(8)  Lawyers Involved: AKM Faiz, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record&mdas..

Category: Election Law | Date: | Hits: 110

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......the family of the accused. The girl cannot be allowed to make her own choice because she is a minor…………………………(18)   Lawyers Involved: Probir Halder Advocate (appeared with leave of the Court), instructed by ..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......ents of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, MA Jail Advocate with him, instructed by Md..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......nbsp;         Vs. State……….…………..Respondent Judgment June 1, 1998. The Criminal Law Amendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Proce..

Category: Criminal Law | Date: | Hits: 59

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......int cannot be rejected……………… (6) Cases Referred to- Sreemati Pushpa Rani Das vs. AKM Habibur Rahman & ors 13 BLD (AD) 217, Shahabuddin vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record ..

Category: Civil Law | Date: | Hits: 142

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......ovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity.  Lawyers Involved: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 47