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Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Rec..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ul Kabir Chowdhury J Md. Nizamul Huq J Suo Moto Order No. 248 of 2003 Judgment April 9, 2003. Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney Gene..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......990 BLD (AD) 151=42 DLR (AD) 137; Chowmahani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; Md. Rqfiqul Alam Vs. Mustafa Kamal and others, 1990 BLD (AD) 151 = 42 DLR (AD) 137. Lawyers Involved: Mrinal Kanti Biswas, Advocate‑For the Petitioner. SS Haider with Bivas..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
.... 19. The general rule of law being, that unless there is a clear indication from the wording of the statute it is not to receive a construction retrospective in effect. The cardinal principle of construction is that every statute is prima facie prospective unless it is expressly, o......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......e has a right to be considered for promotion which is a condition, of his service…………………….(23 & 24) Lawyers Involved: Amir‑ul Islam, Senior Advocate, (Tani..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......p; Cases Referred to- Bajaj Auto Ltd vs NK Firodia (1971) 41 Comp Cases 1, 6, 7 (SC); Re Smith & Fawcett Ltd. (1942) Ch. 304 & (1942) All England Report 542. Lawyers Involved: Dr. Salauddin Ahmed, Advocate, instructed by Md. Nawab Ali, ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......ration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Petitioner. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....209; appellant was an employee or librarian of a private limited company. So, the facts and circumstances of the case referred above are not identical with those of the instant case and, as such, the principles as such enunciated therein are not applicable in the instant case." 8. I...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......ntinued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Mazid vs. Mushafi Ahmed 17 DLR SC 131 ref. (10, 11, 16 & 17) Lawyers Involved: Abdur Rab Chaudhury, Senior Advocate, instructed by Md Zahiru..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....ted in PLD 19 73 SC 418 wherein it was held‑Moreover, it has been ruled by this court in a number of recent cases, that having regard to the social conditions obtaining in this country, the principle falsus in uno, falsus in omnibus cannot be made applicable to the administration of cr...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... vs. State 45 DLR 66; Siraj Mal and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advocate (Kazi Shahadat Hossain, Advocate with h..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......;……….(16 & 19) Cases Referred to- Nafisa Chowdhury vs United Food Complex 53 DLR 81 and Syed Al Nesar Ahmed vs Nafiza Chowdhury 53 DLR (AD) 83. Lawyers Involved: Dr. M. Zahir, Senior Advocate, Md. Nawab Ali, Advocate‑onR..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ng Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR 1982 Cal 92. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand for return of the goods was made by the writ-petitioner while he w...... Commissioner of Customs, Customs House, Dhaka and others………. Petitioners Vs. Cieng Tong Chong…………..Respondent Judgment 5th March 2003 Lawyers Involved: Md. Ataur Rahman Khan, Advocate-on-Rccord- for the Petitioners. Mahb..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......titioner Vs. Matiur Rahman……………………Opposite party Judgment February 8, 2003. Result: The rule is discharged. Lawyers Involved: None appears - For the petitioner. Md. Haroon Ar Rashid, Advocate-For th..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....nd not 5 crore.
17. The above submission gives rise to the question, whether substitution of one provision of an enactment‑by another, would amount to repeal of the provision. It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. In Ms......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......ssioner of Sales Tax AIR 1956 (All) 35; ML Bagga vs C Murhar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221.
Lawyers Involved:
Fariduddin Ahmed, Deputy Attorney‑General, instructed by Md. Ahsanullah Patw..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... 106 = 8 DLR (FC)47; Sheikh Abdul Mazid vs. State of Delhi, AIR 1955 SC 196; Siddique Ahmed and others vs. State, 37 DLR 223; Golam Moula Master vs. State 46 DLR 140. Lawyers Involved: ASM Khalequzzaman, Advocate-on‑Record‑..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advoc..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......a Chettiar AIR 1930 Madras 364; Pubali Bank Ltd. vs. Sultana Oil Mills and Soap Factory and others 51 DLR 323; Bengal Metro Engineering Co. and others vs. Agrani Bank 46 DLR 68. Lawyers Involved: Mohammad Nazrul Islam, Senior Advocate, instructed by Azra Al..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Cases Referred to- Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......s concerned as regards to Value Added Tax Act, 1990, question of fact cannot be ascertained. However, factual aspect of the case can be considered by resorting to appeal provided under this Act.
Lawyers Involved:
TH Khan, Senior Advocate (Rafiqul Islam, Senior Advocate with him) instructed..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....be pre‑empted and entitled to pre‑empt the land transferred by Rowshan Akhter to the pre‑emptee. 11. Leave was also granted to consider whether the principle of law enunciated in the cases reported in 33 DLR (AD) 309; 1987 BLD (AD) 122 and 33 DLR 3......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......; Begum Khodeza Akhter vs Hajera Khatun and others 37 DLR (AD) 212; Haladhar Dutta vs Abdul Rab 36 DLR 193; EM Trading Corporation vs ST Construction 36 DLR (AD) 213. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Cho..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....r local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery Department and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that r......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......f the case……………….(11) Cases Referred to- Sonali Bank vs Ruhul Amin Khan 1994 BLD (AD) 171 = 46 DLR (AD) 85; Service Law Report (1981) (4) 735; (1999) 9 SCC 86. Lawyers Involved: ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
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