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Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......e-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by the High Court Division in Writ petition No. 1474). Judgment ......sh Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. Bay Trawling Limited and others…………………….. Respondents......atifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. Bay Trawling Limited and others…&hel..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ...... Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by the High Court Division in Civil Order No. 1629 of 1993). Jud...... Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment February 20, 1997. The Evidence Act, 1872 (I of 1872......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Pla..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......te-on-Record — For the Petitioner. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Civil Petition For Leave to Appeal No. 252 of 1995. (From judgment and order dated 14 March 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1076 of 19...... ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mokbul Hossain……………… Defendant-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. ......d of conflict with Article 68 of the Constitution and on other grounds, in Writ Petition No. 912 of 1993 which was summarily rejected by a Division Bench of the High Court Division by judgment and order dated 17-6-93, from which the petitioner has preferred this petition for leave to appeal, a c......; Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Sec...... Dr. Ahmed Husain…………...Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Law and Justice…..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. ......ntained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and su......ifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respondents Judgment ...... is recoverable as if it is a decree of a Civil Court. There is nothing in the Shipping Ordinance, 1976 specifically barring the jurisdiction of Admiralty Court to entertain any claim for damages done by any ship……..(9) Cases Referred to- Bangladesh Inland Water ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....y, 1999, Mr. Habibul Islam Bhuiyan, Senior Advocate and President of the Supreme Court Bar Association describing himself further as an officer of this Court, brought to my notice, certain statements published in the daily ‘Dinkal’ and daily ‘Sangram’ of 30 January, 1999 which were alleged t......d in too many cases and expressed her opinion accordingly we would have nothing to say because as the Chief Executive she was entitled to have her own views in the matter having regard to the law and order situation which is the concern of the Executive. The Court is accustomed to such executive cha......he petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Court Division. Nobody has a say in the matter nor it is done at anybody’s behest…….(11) ii) The Chief Justice has felt extr......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Habibul Islam Bhuiyan President Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......rocedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the De...... The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon admitting the Government appeal is to direct the Deputy Commissioner concerned to take the acquitted persons in custody and release them on bail to the satisfactio..Category: Criminal Law | Date: | Hits: 57
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. ......nal Petition No. 108 of 1997). Not represented — The State (In both Petitions). Criminal Petition for Leave to Appeal Nos. 103 and 108 of 1997. (From the Judgment and order dated 9-6-97 passed by the High Court Division in Criminal Appeal Nos. 285 and 301 of 1992). ...... These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......p; Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howla..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....rom a Division Bench of the High Court Division on 8-12-97 calling upon the respondent-petitioner and two other respondents to show cause why a direction should not be given to them to prepare and publish an inter se seniority list of all Officers of the grade of Joint Secretary and above and fo......haklader, Advocate-on-Record — For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No.260 of 1998. (From the Judgment and order dated 3-3-98 passed by the High Court Division in Writ Petition No.7741 of 1997). Judgm......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Kh......hman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary, Ministry of Establishment…………….. Petitioner Vs. Khondaker Tajuddin Ahmed and others…………&hellip..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......o.2 1 of 1997). Judgment Mustafa Kamal J.- This petition 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......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection......sp; Board of Intermediate and Secondary Education, Dhaka represented by its Chairman and others……………Petitioners Vs. Md. Faizur Rahman and others................Respondents Judgment..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. ......ip;……(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 of the CPC will not come into operation……(13) Cases Refer...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respo......ppellate decree which has been set aside by the impugned judgment and order dated 30 August 1989 passed by a learned Single Judge sitting at Sylhet. 2. The suit land originally belonged to one Abdul Aziz Miah. The plaintiff claimed in the plaint that his father Ismail Miah took permanen..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ...... reversed those of the trial Court and dismissed the suit. On the plaintiff- respondents’ Second Appeal, SA No. 1028 of 1966, a learned Single Judge of the High Court Division by judgment and order dated 29-5-97 set aside the appellate judgment, decree, and restored those of the trial Court......lip;…………… Respondents Judgment March 18, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on det......J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners Vs. Abdul Khaleque Sheikh and others……………… ..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial......ahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Quddus (Md) ……………….Petitioner Vs. Md. Mobarak Hossain……………Respondent Judgment January 19, 1997. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Quddus (Md) ……………….Petitioner Vs. Md. Mobarak Hossain……………Respondent ..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. ......med, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 555 of 1996. (From the judgment and order dated May 22, 1996 passed by the High Court Division, Dhaka in FMA No. 196 of 1994). Ju...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner &nb......CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....r selling Al-Helal Rice Mill under article 34 of the Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 until the determination of the actual amount of the liabilities in pursuance of tender notice published in the issue of “Bhorer Kagoj” dated 4-2- 98 should not be declared to have b......dvocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). J......oudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha……………………Respondents Judgm...... Abdur Rouf J Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. …………………………………..Petitioner Vs. Bangladesh Shilpa Rin Sangstha……………&he..Category: Business or Commercial Law | Date: | Hits: 106
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. ......rd. (In all the appeals) — For the Respondent No.1. Not represented (In CA No 39 of 1994)— Respondent Nos. 2-4. Appeal Nos. 39-42 of 1994 (From the judgment and order dated 23 November 1992 passed by the High Court Division in Writ-Petition Nos. 41, 59, 84 and...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. ......udgment June 10, 1997. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepp..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....11-10-92 for permission to transfer the property. By a Memo dated 15-11-92, RAJUK informed the respondents that the property had been included in the “Kha” list of abandoned properties published in the Bangladesh Gazette on 23-9-86. The respondents submitted representation to the Min......etition for Leave to Appeal No. 526 of 1996. Judgment Mustafa Kamal J.- This petition 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......J Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners ......p; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed Chand Sultana and others ……………&..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......Ali, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 2. Criminal Petition for Leave to Appeal No.105 of 1997. (From the judgment and order dated 2-7-97 of the High Court Division in Criminal Revision No. 512 of 1996). Judgment......ality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ...... Abdur Rouf and others... ……………….Accused-Petitioners Vs. Jalaluddin and another... ……………&hellip..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate Judge, Dhaka on the allegations, inter alia, that the respondents published a tender notice for sale of the shares and movable and immovable assets of Albert David (......tion for Leave to Appeal No. 430 of 1994 Judgment 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 ......lendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and another……………..Respondent Judgment......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Indu..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......on For Leave To Appeal No. 378 of 1998 Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent No.2 petitioner is from the judgment and order dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the p......sp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the mi......sp; Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judg..Category: Business or Commercial Law | Date: | Hits: 100
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