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Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ist of abandoned buildings published in the gazette notification under Ordinance No. LIV of 1985 and further directing restoration of the building to respondent Nos. 2 and 3. While discharging the Rule in the writ petition the High Court Division by the impugned order dated 20 April 1998 awarde...... In awarding heavy cost the court should give some reason otherwise it may appear to be an arbitrary or indiscreet exercise of jurisdiction……………..(3) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advoca..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....hury J.- This appeal by way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the High Court Division in Writ Petition No. 498 of 1987 discharging the Rule. 2. A strip of land measuring 6 decimals comprised within plot Nos. 2260, 2261, 2262 and pa......rty has been validly acquired for a public purpose and vested the same in the requiring body and even if the property be utilised for different purpose, the acquisition shall not stand void. Lawyers Involved: Serajul Huq, Senior Advocate (Rafique-ul-Huq, Senior Advocate with him) instruc..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......hmudur Rahman 34 DLR (AD) 61; Imambandi Begum vs. Kumleshwari Pershad (1886) LR 13 IA 160; Ram Narain vs. Mohainmad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90. Lawyers Involved: MA Wahab Miah, instructed by Md. Aftab Hossain, Advocate-on-Record- For t..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....; Latifur Rahman J.- This petition is against the Judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 1474 of 1995 on 3-7-96 making the Rule absolute. The respondents of the writ petition have filed this leave petition against the Judg......y and capriciously to the prejudice of respondent no. 1 when the project was approved by another lawful Government agency at an earlier point of time…………(6) Lawyers Involved: B Hossain, Advocate-on-Record — For the Petitioner. Rafique..Category: Business or Commercial Law | Date: | Hits: 91
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....f which has been concurrently decreed by the Courts below. A Single Judge of the High Court Division refused to interfere with the said decree in revision being Civil Revision No. 1076 of 1990. The Rule has been discharged by the impugned judgment and order dated 14 March 1995 with a compensator......of Works, the defendant had no locus standi to challenge the plaintiff’s right in the suit property however defective it might be, is correct.…………(5) Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. ..Category: Property Law | Date: | Hits: 69
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…… Respondent Judgment June 23, 1998. The Constituti..Category: Constitutional Law | Date: | Hits: 152
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......sport Company 45 DLR 152; Falha Shipping Lines Ltd and another vs. Bangladesh Inland Water Transport Corporation and others 42 DLR 289; Haji Mohammad Suruj Miah vs. Haji Abul Hashem 20 DLR. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advoca..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....dges had that rate of disposal, there would not have been any backlog in Courts. We have for our satisfaction checked up and found that on the aforesaid two dates the total number of motions in which Rule and bail were granted by the Bench concerned was (83+72) 155 and the number of persons released......marks in respect of constitutional functionaries which have been alleged to be contumacious …………………(13) Case Referred to- Andre Paul Vs. Attorney-General, AIR 1936 (PC) 141. Lawyers Involved: An application of Habibul Islam Bhuiyan, President, Supreme Court Bar Associat..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......bsp; Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidull..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....p;…...Respondent Judgment March 24, 1998. The Constitution of Bangladesh, 1972, Article 103(1) Since the respondent-petitioner has wide avenues open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the Court is not inclined to......es open for both hearing of the Rule Nisi and the injunction matter in the High Court Division itself the Court is not inclined to interfere with the matter……….(5) Lawyers Involved: KS Nabi, Attorney-General (Abdul Wadud Bhuiyan, Additional Attorney-Gener..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... for leave to appeal by the defendant Nos. 4, 5 and 8 of Writ Petition No. 21 of 1997 is from the judgment and order dated 10-7-97 passed by the Division Bench of the High Court Division making the Rule Nisi in the said writ petition absolute. 2. Respondent No.1 Headmaster-cum Principal ......g Chairman of the Board to dissolve the Governing Body of the Institution and form an ad hoc Committee for three months…………………(14) Lawyers Involved: Khandaker Mahabubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wi..Category: Constitutional Law | Date: | Hits: 155
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. ......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
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....d 597 of 1996. Civil Petition No. 571 of 1996 arises from the judgment and order dated 28-8-96 passed by a Single Judge of the High Court Division in Civil Revision No. 645 of 1996 discharging the Rule, thereby affirming the judgment and order dated 9-3-96 passed by the Assistant Judge, Shahzadp......tion 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Lawyers Involved: Sultan Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Procedural Law | Date: | Hits: 118
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......interest was made by the respondent before the court, granting of such interest on the award on appeal is not permissible. ………………..(6 & 7) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record— For the Petitioner. Shaf..Category: Alternative Dispute Resolution | Date: | Hits: 249
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. ...... 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)
....ion for leave to appeal by the respondent-petitioners is from the judgment and order dated 16-6-96 passed by a Division Bench of the High Court Division in Writ Petition No. 328 of 1993 making the Rule Nisi absolute. 2. The six petitioner-respondents are the married daughters of late Sye......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
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
.... leave to appeal by the four accused-petitioners is against the judgment and order dated 2-7-97 passed by a Division Bench of the High Court Division in Criminal Revision No. 512 of 1996 making the Rule absolute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Crim......onsider it if proved. The investigating police officer has not been given any power to judge the defence plea of alibi……………………(4) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, (Salma Masud Chowdhury, Advocate with..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
.... Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subo...... such period, it will be impossible for any surveyor to estimate what was the state of the machineries, tools, equipment and vehicle etc five years before the inspection…....(7) Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... This appeal, following leave, by the Government-appellant is from the judgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1989 making the Rule Nisi absolute and declaring thereby enlistment of the Buildings in question in the ‘Ka&r......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. 1781 of 1990, 287 of 1993,660 of 1993, 1013 of 1989, 1012 of 1989, 1766 of 1989 and 1786 of 1990 disposed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were imported by different importer-appellants y......- 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
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