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Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....nbsp; Mohammad Abdur Rouf J.- This petition is from the judgment and order dated 304-97 passed by Division Bench of the High Court Division in Writ Petition No. 1871 of 1990 discharging the Rule. 2. The petitioner claiming himself as a lessee under the Bangladesh Fisheries Develo...... 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)
....e surprised to see the Member (Operations) Board of Investment (No. 4) among them) is from judgment and order dated 12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical examp......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
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....ed—Respondent No. 1. Civil Petition for Leave to Appeal No. 174 of 1998. (From the judgment and order dated January 22, 1998 passed by the High Court Division, Dhaka in Civil Rule No. 282(f) of 1997 Contempt). Judgment ATM Afzal C......ee can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute………….(5) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by SH Siddique, Advocate-on-..Category: Others | Date: | Hits: 74
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. ......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)
....6 the aforesaid order of dismissal from service and the decision said to have been taken by the Board rescinding its earlier decision and giving approval to the order of said dismissal and obtained a Rule Nisi. 2. Respondent No. 3, the present petitioner entered appearance and contested the writ......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)
....rrender as the surrender was partial without the consent of the co sharer brother, defendant No. 2. The learned Subordinate Judge further found that the certificate proceeding was conducted as per Rules and plaintiff auction purchased on 10-8-62 and went into possession. The lower appellate Cour......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. ...... 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
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... 2-5-95 Deputy Registrar 7. The Chief Justice ordered for placing the file before the appropriate Bench of the High Court Division for consideration of the matter and a Rule for contempt was ultimately issued on 8 April, 1997 against the appellant for “objection......n was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in future…………(4 & 14). Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate, (AKM Mujibur Rahman, Advocat..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....d 10 of 1998, having been preferred by the respective first party of the proceeding under section 145 Cr.P.C. from a common judgment passed by a Division Bench of the High Court Division making the Rules, issued under section 561A Cr.P.C. in Criminal Miscellaneous Case No. 1770 of 1997, Criminal ......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)
.... ATM Afzal CJ.- This appeal, by leave, is from a majority decision of the High Court Division in Writ Petition No. 147 of 1991 discharging the Rule Nisi. 2. Hussain Mohammad Ershad, former President of Bangladesh, a......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)
....nbsp; Mahmudul Amin Choudhury J.- This Civil Appeal by leave is against judgment and order dated 3-3- 1999 passed by the High Court Division in Writ petition No. 7756 of 1997 making the Rule absolute. 2. Respondent as Writ Petitioner filed aforesaid writ petition stating that......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)
....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)
....al assessment of compensation in respect of 74 decimals of land was made and the land did not vest in the requiring body, RAJUK. 3. Respondent No. 3-RAJUK, the Requiring Body, contested the Rules issued in the writ petitions stating that compensation was paid to the owners and the land wa......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
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... respondent was a citizen of Bangladesh and that as the property in question remained under requisition, the same could not have vested in the Government as an abandoned property. Accordingly, the Rule Nisi was made absolute. 9. Aggrieved thereby, the Peoples Republic of Bangladesh and t......ellip;(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....fully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and seizure was available on the record. 3. Respondents opposed the Rule by filing an affidavit-in-opposition denying the material allegations and stating, inter alia......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)
....Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manne......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)
....p; Latifur Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for dis......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)
....ry retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not up-graded till framing of the Recruitment Rule 8 on 5-9-1990…………(7) Lawyers Invoved: Abdus ......; 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)
....s appeal at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of S......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
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