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Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....7) 153. ......t Division erred in law in passing the impugned judgment and order and as Rule 5 provides for exemption of duty High Court Division erred in law in passing the impugned judgment and order in that the National Board of Revenue acted within its authority and had the basis for levy of excise duty on pr...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... 1965 (SC) 1107; Kalawati Devi Harialka vs. The Commissioner of Income Tax, West Bengal and others, AIR 1968 (SC) 162; Ghularn Zamin vs. AB Khandker 16 DLR 486; Croft vs. Dunphy (1933 AC 156). Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant At..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......uary 12, 2002. Result: The Rule is made absolute. Case Referred To- Jabed Ali vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others 1983 BLD (AD) 1 = 35 DLR (AD) 31. Lawyers Involved: Rafiqul Huq with Afreen Mahiuddin, Advocate — For the Petitioners. ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)

.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......nt: Md. Muzammel Hossain J Md. Shamsul Huda J Jaban Ali (Md) .........Accused Appellant Vs. State......................Respondent Judgment February 10, 2002. Lawyers Involved: Golam Arshad, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assist..

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......…..Appellant Vs. State……………......................... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).

....gainst the judgment and order dated 7‑3­1999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999.   2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between ......Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  ......Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  ...... determine the petitioners application in respect of terms and conditions of his service…………………………(4)    Lawyers Involved:   Mustafa Niaz Muhammad, Advocate, instructed by Md. Sharif Udd..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Involved: Syed Shahidur Rahman, Deputy Attorney-General with S M Aminur Rahim, Assistan..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ...... Cases Referred to-   Sangsad vs. Land Control, AIR 1966 Allahabad 221; Surendra Singh vs. State of Uttar Pradesh AIR 1954 SC 194.   Lawyers Involved:   Khan Saifur Rahman, Advocate, instructed by Shari..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

.... Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......is on the distribution of population as far as practicable taking into consideration the territorial unity and administrative convenience. But the same is directory and not mandatory. Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners (I..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others………………………..Resp......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ...... an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error…………………………(5)  Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitione..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......rom law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....etropolitan Magistrate, Dhaka. 3. The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of H......e atrocity and act of misconduct, brought home against Police Personnel’s by seekers of Justices, two in number, one Moni Begum alias Moni, a political activist of e political party, Bangladesh Nationalist Party (BNP) and Alena Akhter Khan Alias Alena Khan, an Advocate Supreme Court of Banglad......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ropolitan Magistrate Dhaka in Complaint case No. 1807 of 1999 and complaint case No. 2261 of 2000 in the absence of the High Police Officer and Police representative……......(35-36) Lawyers Involved: Sigma Huda—For Petitioners (In both the Criminal Revision No.683 of 199..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......   (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.  Lawyers Involved:  Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......r agree to it. No adjournment should be granted unless sufficient cause for the same is made out………………………(5)    Lawyers Involved:   Shaheed Alam. Advocate instructed by Chowdhury Md. Jahangir, ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......e absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Calcutta 409; B Sheshaiah vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. Lawyers Involved: Sk. Afzalur Rahman, Advocate — For the Petitioner. Shamim Khaled A..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....d in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... The State, 49 DLR (HCD) 53; Bablu Vs. State, 1 BLD 1981 (HCD) 454; Bakhtair Hossain Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitio..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....de the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of th......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ...... and shall vacate his seat automatically under Article 67 of the Constitution and there is no necessity or requirement of examination of the same by the Election Commission……. (13) Lawyers Involved: Abdul Malek, Senior Advocate (ABM Nurul Islam, Senior Advocate with him) inst..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....late Division (Criminal)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ...... Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………………………….(8)  Lawyers Involved:  Rafiqul-ul-Huq, Senior Advocate, (Md. Muhammad Nazrul Islam, Advocate..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

....in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property enrolled as EC No.5658 of the Administrator of Waqf, Bangladesh. Plaintiff has been appointed Khadem by the Administrator of Waqf in 1970. Their case is ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. …………………………….(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by SB Barua, Advocate-on..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ...... Sufia Khannam Chowdhury vs. Faizun Nesa Chowdhury 39 DLR (AD) 46; Abdul Hamid vs. Dr Sadeque Ali Ahmed & ors 21 DLR 507; AIR 1924 (Cal) 411; 17 DLR 119.   Lawyers Involved:   Md. Faziul Karim, Senior Advocate, instructed by ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....nbsp;   M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article 103 of the Constitution on being aggrieved, ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......ip;……(7 & 12)   Case Referred to-   SAM Iqbal vs. State and another, 3 BLC (AD) 125.   Lawyers Involved:   Rokanuddin Mahnzud, Senior Advocate (SS Halder Se..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95