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Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ot come into operation……(13) Cases Referred to- Md. Ibrahim vs. Md. Alauddin, 27 DLR 413; Ranjit Kumar Ranjit vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: Md. Nurul Hoq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ...... had been duly served notices under section 5(1a) and 5(3) so the petitioners need not be served with notice afresh…………………(10 & 11) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossai..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......n even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advo..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of t......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......on, when, admittedly, the writ petitioner was not in possession thereof. Such a decree is not within the contemplation of proviso (a) to section 5 of the Ordinance……(18) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney— General, instructed by M..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....s purpose. Hence, in these appeals we will confine ourselves to the second ground on which leave was granted. 14. Dr. Kamal Hossain submits that the facts of these cases are covered by the principles enunciated by this Division in the two cited decisions mentioned above. 15. The ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......- Collector of Customs, Chittagong and others vs. A Hannan, 1990, 42 DLR (AD)167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 1996, 48 DLR(AD) 199. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed,..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... of the Government cannot be a lessee under the Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......eleasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should get the benefit of SRO in question…………..(13) Lawyers Involved: AW Bhuiyan Additional Attorney-General, instructed by B Hossain, Advocate..Category: Business or Commercial Law | Date: | Hits: 112
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......t of the Special Tribunal under section 30 of the Act since such offence is not included in the schedule of the Special Powers Act………………..(10) Lawyers Involved: Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab All, Advocate-on..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......d to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner and to substitute the same by the impugned order……(8) Lawyers Involved: AJ Mohammad Ali, Advocate, instructed by Sajjadul Huq, Advocate-on-Record — ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......he suit for permanent injunction. The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Appellants. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ...... is what is called the exercise of judicial discretion in the facts and circumstances of a particular case……………………(12 & 13) Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Md Nawab Ali, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....gistrate acted without jurisdiction in initiating the impugned proceeding under section 145 Cr.P.C. In passing the impugned judgment the learned Judges have relied upon, in our opinion rightly, the principle of law decided in the case of Jobeda Khatun vs. Momtaz Begum, 45 DLR (AD) 31. 5...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......strate acted without jurisdiction initiating proceeding under section 145 of the Code of Criminal Procedure. Case Referred To: Jobeda Khatun vs Momtaz Begum, 45 DLR (AD) 31. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, Asaduzzaman with him, instructed by..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ictions have been appealed against, some cases are still pending and presently he is on bail. This appeal has, therefore, no bearing on the release of the erstwhile detenu but seeks to settle some principles and law relating to preventive detention which are alleged to have been wrongly decided ......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......383; Baqi Baluch vs. Pakistan, 20 DLR (SC) 249; Government of West Pakistan vs. Begum Agha Shorish Kashmiri, 21 DLR (SC) 1; Sajeda Parvin vs. Bangladesh, 40 DLR (AD) 178. Lawyers Involved: Rafique-ul-Hoque, Senior Advocate, (Kazi Shahadat Hoss..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......erty is not capable of being delivered physically, acceptance may be shown by mutation of name in the official record, municipal papers or with the Revenue authority……(8) Lawyers Involved: Mahmudul Islam, Attorney General, instructed by Md. Sajjadul Huq, Advoca..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....n. 4. The petitioner preferred Appeal Case No. 51 of 1996 to the Administrative Appellate Tribunal which found that the decision of the Administrative Tribunal was in accord with the principle laid down by this Court in Md. Abdus Sukkur vs. Chairman, National Board of Revenue and ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ...... 17 BLD (AD) 43; Bangladesh Bank vs. Mohammad Abdul Mannan, 46 DLR (AD) 1, Government of Bangladesh vs. Md. Abdul Karim, 47 DLR(AD) 146; Jahangir Kabir vs. Bangladesh, 48 DLR(AD)156. Lawyers Involved: Abdur Rab Choudhury, Senior Adv Mohammad Ali Senior Advocate with h..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......cision creates any legal or constitutional right in favour of a person claiming release of such land…………………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahfuzur Rahman Advocate wit..Category: Property Law | Date: | Hits: 94
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......feres with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by Md. Sajja..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....rt. 7. In view of the aforesaid findings the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for review Error apparent ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......Life Insurance Corporation of India Vs. DJ. Bahadur and others AIR 1918 (SC) 2181; Pakistan River Steamers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153. Lawyers Involved: Rafique-ul Huq, Senior Advocate (Khalil Rahman, Advocate with him) instru..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....under section 19 at all. That decision of 40 DLR was challenged before the Appellate Division by the Collector of Customs. This Division apart from the question of vested right also considered the principle of promissory estoppel as the importer imported the goods on the assurance of the Governm......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)
....titioner was served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle of natural justice The notification up grading the post of Sheristader came into force on...... 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
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