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Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....office is made undesirable from the administrative point of view.   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.   ......   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

Anowar Steel Mills Ltd. Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others, 2003, 32 CLC (AD)

....lul Karim J SJR Mudassir Husain J AS Ahammed J Anowar Steel Mills Ltd...........Petitioner Vs. Secretary, Ministry of Finance, Internal Resou­rces Division, Government of Bangladesh and others ….... Respondents Judgment January 26, 2003. The Value A......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).

....emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ......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

....  (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......peal.   Accordingly, the appeal is dismissed.   Ed.  This Case is also Reported in:  55 DLR (AD) (2003) 65.  ......bsp;   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:   AJ Mohammad Ali, Additional Attorney‑General. instructe..

Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms……………….(8)   Lawyers Involved:   Md. Abdul Malek Senior Advocate, instructed by  Md Now..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).

....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......question of fixing separate date for taking step under section 265C after the opening of the case under section 265B……………………(18)  Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Kumar Niogi, Advocate with him) ..

Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ...... Khalid Saigal vs State, 14 DLR (SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghulam Muhammad reported in 20 DLR (SC) 339. Lawyers Involved:   Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. ..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......Surath Lai, AIR 1942 Cal 553  Appalaswami vs Suryanarayanamurthy, ILR (1948) Mad 440: (AIR 1947 PC 189) & Atendra Nath Mistry vs Abdul Malek Howlader and others 54 DLR (AD) 106. Lawyers Involved: TH Khan, Senior Advocate, (with Mihir Kanti Majumder, Advocate)..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....ip;……..Respondents   Judgment   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in foreign country eit......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of said decree in any foreign country…………….(13)  Lawyers Involved:   MI Farooqui, Senior Advocate, (Mohsen Rashid, Adv..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......e High Court 2. The facts leading to the leave petition are that the respondent, Union Bank Ltd. Karachi Branch, as plaintiff instituted Money Suit No. 55 of 1999 against the defendant National Bank Ltd 18, Dilkusha C/A Dhaka for realisation of money amounting to Taka 26,06,933 befor......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......will not allow interference by outsiders with the letter of credit as it is bound to have serious refurcussion on the international trade of a country. ......(10)  Lawyers Involved: Md. Abdus Samad, Advocate, instructed by Md. Nawab Ali, AdvocateR..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......dents  Judgment November 18, 2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241.  Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Harunur Rashid, Advocate with hi..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

.... Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respondents   Judgment ......t, has however, submitted that the bank rate is the rate which the Bangladesh Bank being the regulatory bank of all the banks, may direct from time to time under Article 21(3) of the Bangladesh Bank (Nationalisation) Order, 1972 (President's Order No. 26 of 1972). Thus bank rate being a specified an......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ...... Cases Referred to-   Bangladesh Agricultural Development Corporation vs. Kibria and Associates Ltd. 46 DLR (AD) 97; Bux Shipping Line vs. BWDB 7 BLC (AD) 27.   Lawyers Involved:   Ozair Farooq, Senior Advocate, (Zahedul Bari, Advocate with h..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Co­operative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect.  Accordingly the petition is dismissed.  Ed. ......ellip;……….Petitioners Vs. Aziz Co­operative Housing Society Ltd. & others…………….Respondents  Judgment 16th November 2002  Lawyers Involved:  A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....s...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102   Natural justice  It is now well settled ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ......otice with reasonable opportunity for defence penalty imposed in violation of the same is illegal……………………….(5)    Lawyers Involved:  Sk Awsaful Rahman, Advocate (appeared with the leave of the Court)..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioner. Saleha Islam, Adv..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......luence or misrepresentation in the matter of transfer of any share and grant relief commensurate with the appropriate possible relief contemplated under the said section………………….(24) Lawyers Involved: AF Hassan Arif, Senior Advocate, (AQM Safiullah, Advocate with him), instructe..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......plaint was enquired, on several occasions and the allegation against the respondent was found riot correct. A first information report was also lodged, but the police submitted final report; that the National Board of Revenue got further information about foul play and formed Enquiry Board for inves......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ...... DLR (AD) 221; M Mazid vs lqbal Bahar Choudhury 5 BLC (AD) 7; Nurun Nahar vs Mahammad Fazlur Rahman 27 DLR (AD) 103 & P Satyanarayana vs Land Reforms, Tribunal AIR 1980 AP 149. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Prober Neoz, Advocate with him), i..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......200 of the Code of Criminal Procedure is “perfectly valid and appropriate”.  Cases Referred to- Tamizul Haque vs. Anisul Huque 1996 BLD (AD) 206 = BLC (AD) 169. Lawyers Involved: Md Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represe..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

.... Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent  Judgment August 29, 2002. The Constitution of Bangladesh, 1972 Articles 104 & 105   The Code of Civil Procedure, 1908 (V o......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......f law, will, of course, prevail. In the impugned judgement there is no error apparent on the face of the record…………………..(34 & 36)  Lawyers Involved:  Rafique-ul-Huq, Senior Advocate, M Moniruzzaman Khan, Advocate with h..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... denying the material allegations con­tained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was ve......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ...... Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment August 21, 2002. Result: The appeal is dismissed.  Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assista..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110