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State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......titioner (In Criminal Petition No. 102 of 1999) Vs. Omar Faruque and others…………....Respondents (In both the cases) Judgment March 23, 2005 Result: The appeal is allowed. Lawyers Involved: Faisal H. Khan, Assistant Attorney General, instructed by Mvi. Md. Wahidullah,..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......owdhury vs. ABM Fazle Karim Chowdhury and others 2003 BLD (AD) 215= 9 BLC (AD) 10; Kamaraja Nadar vs. Kunju Thevar and others AIR 1958 (SC) 687. Lawyers Involved: Subrata Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... Teza Singh, AIR 1954 SC 196 which proceed on the basis that the law of contempt of Court as understood by the Courts in this country is a valid law"
We are in respectful agreement with the principle of law in India in connection with the interpretation of Article 215 and Article 19 of the...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......ilbert Ahnee and others Vs. DPP, [1999] 2 AC 294; Schenck Vs. United States (1919) 249 US 47; Near Vs. Minnesota Ex Rel Olson, 283 US 696, 697; Nebraska Press Association Vs. Stuart, 427 US 539.
Lawyers Involved:
Ajmalul Hossain, QC‑ For the Petitioner.
Dr. Kamal Hossain with Ramzan..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....d together it is to be found that no licence is required to keep a knife or whip recovered from the appellants and as such none of the appellants can be convicted under the Arms Act and following the principle laid down in 17 BLD case the accused were acquitted. 6. Admittedly one dagger (Chora) w......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......thers Vs. The State, 3 BLC 269; Babul Vs. Government of Bangladesh, represented by the Deputy Commissioner, Noakhali and another, 49 DLR (AD)111; State of U.P. Vs. Mohammad Nooh, AIR 1958 (SC) 86. Lawyers Involved: Md. Nurul Islam Chowdhury- For the petitioner. No one- For the respondent. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......l. 26 page 79; Additional Commissioner of Income Tax, Kanpur Vs. Glass Miniature Bulb Industries, 1983 BTD 106;Narayan Chandra Baidya Vs. Commissioner of Income Tax, ITR (1951) Vol. 20 page 287. Lawyers involved: Shah Khashruzzaman with Reshma Sultana, Advocates-For the Applicant. K..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......d to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162; Muslemuddin (Md.) and others Vs. Md. Jonab Ali and others, 50 DLR (AD) 13. Lawyers Involved: Md. Nurul Amin with Kazi Md. Shahiqul Hassan and Gazi Md. Mamunur Rashid- For..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....ions in the cases of Mahbubur Rahman Vs Divisional Election Tribunal and others in 6 BLC (AD) 45 and Mahmudul Haque (Md) vs. Md. Hedayethullah and others in 48 DLR (AD) 128 reiterate the aforesaid principle of law. Though Mr.T.H. Khan tried to make out a case that the order passed by the Returni......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ujibul Haq and others, 41 DLR (AD) 68; Mahbubur Rahman Vs Divisional Election Tribunal and others, 6 BLC (AD) 45; Mahmudul Haque (Md) vs. Md. Hedayethullah and others, 48 DLR (AD) 128. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate (Faheemul Huq, Advocate, with him) i..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....bout 8‑00 AM and took away the paddy causing injuries to Shamsad and others has no value in the eye of law unless the allegations are not proved by creditable and reliable evidence. The established principle of law is that the prosecution has to prove the case against the accused persons beyond re......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......ade absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan with Ziaur Rahman- For the Petitioners. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ....... Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amir..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
.... the employment of the respondents to cause harm to their career." 7. Mr. Md. Khalilur Rahman strenuously argued to find fault with the impugned judgment of the High Court Division relying on the principle enunciated in the case of Secretary, EPIDC vs M Serajul Hoque reported in 25 DLR (SC) 80 a......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md Wahiduilah, Advocate-on-R..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ....................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: The Rule is made absolute. Lawyers Involved: Fouzia Karim, Advocate- For the Petitioner No one appears- For the Respo..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ....................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Ahmed vs. Rezia Begum and others 1986 BLD 326, Fahim Ali Haque (Minor) vs. Md Abdul Aziz 43 DLR 226 and 3 BLC (AD) 78; South Asia Shipping Ltd vs. 'MV Tony Best' and others 46 DLR 226. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-o..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....t. Uma Uma (1) shows that 9.47 acres
out of 20.18 acres of the suit land was never declared vested property or
enlisted as vested property or was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weak...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......Dulichand
Omaraolal Vs. Bangladesh, through the secretary, Ministry of Industries and
others, 33 DLR (AD) 30; Enemy property Management Board and others Vs. Abdul
Rashid, 27
DLR (AD) 52.
Lawyers Involved:
Dr. Rafiqur Rahman, Advocate-For the Petitioner (In Civil Revision
No.2974 o..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....ision regarding operation of the accounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower b...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......3 at 227; Ebrahimi vs. Westbourne Galleries Ltd. [1972] 2 All ER 492, [1973] AC 360; [1972] 2 All ER 492 at 500; [1973] AC 360 at 379); Re Saul D Harrison and Sons Pic [1995] 1 BCLC 14 at 191.
Lawyers Involved:
Rokanuddin Mahmud, Senior Advocate, instructed by ASM Khalequzzaman, Advoca..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must……………….(12) Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advo..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......t in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interfere with the order. The Petition is dismissed…….(4) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....f the suit land from the date of execution of the Bainapatra and that by adducing sufficient evidence the defendants proved notice of the plaintiff about the prior unregistered sale and, as such, the principles relied upon in the unreported case of Sudhir Chandra Shuklabadhya and others Vs. Amulya S......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......ahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (unreported). Lawyers Involved: Md. Nurul Mostafa, Advocate- For the Petitioner. Mohammad Ali Azzam, Adv..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......o. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (in both the cases) instructed b..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....lly a defaulter, the receipt of salami of Taka 3,00,000 on the basis of established practice in the commercial world between the parties could be taken notice of by the Court, in order to operate the principle of promissory estoppel debarring the landlord to evict the petitioner from the tenanted pr...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar, 48 DLR 21. Lawyers involved: AJ Mohammad Ali, Senior Advocate, instructed by SM Rahman, Advocate‑on‑Reco..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
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