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Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ts (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam ……….Appellant (In Civil Appeal No. 77 of 1992) Vs. Md. Azizur Rahman and Others……Respondents (In Civil Appeal No. 44 & 76 of 1992) Md...............Appellants (In Civil Appeal No. 47 of 1992) Secretary, Ministry of Communications, Road and Road Transport Division and ors........... Appellants (In Civil Appeal No. 49 of 1992) Md. Abdus Sabur and others .......... ...........Appellants (In Civil Appeal No. 62 of 1992) Md. Abdu..Category: Employment/Service Law | Date: | Hits: 97
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ......g the stand as taken by Mr. Anwar Hossain. 9. A Division Bench heard the writ petitions and gave split Judgements. Md. Joynul Abedin J, discharged the Rules in all the writ petitions while Abdus Salam Mamun J, made the Rules absolute in all the writ petitions, Since the learned Ju..Category: Civil Law | Date: | Hits: 103
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....D) 5; 14 DLR 847. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Mahmudul Islam, Senior Advocate, (Probir Neogi, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For Responde......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ourt Appellate Division (Civil) Present : Md. Ruhul Amin J MM Ruhul Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment Nove...... of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness ………..(21) Cases Referred to- Abdus Samad and others vs. Md Shorab Ali and others 1981 BLD (AD) 77 = 33 DLR (AD) 113; Jalaluddin ..Category: Property Law | Date: | Hits: 64
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment ......apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain 35 DLR (AD) 225; Abdus Sattar Mallick vs Younus Mallick and others 12 DLR 849; Tarapada Karati vs Sudhamoy Doulbi an..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......llate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgm.......(6) Cases Referred To: Nur Mohammad vs. Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; Mostafa Hossain vs. SM Faruque 40 DLR (AD) 10; Sheikh Abdus Sabur vs. Returning Officer 41 DLR (AD) 30. Lawyers Involved: Anisul Huq, ..Category: Election Law | Date: | Hits: 106
Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate with him), instructed by B Hossain, Advocate-on-Record—For the Appella...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ry J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judg...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......f land and sold the same to Lalit Mohan Pal and Lai, Mohan Pal by registered patta transferred 083/g decimals to his wife Pramila Bala Paul. Pramila Bala Paul gifted that land to her nephew Upendra Kumar Pal. Upendra entered into an agreement dated 16-8-1968 to sell 02 decimals of land to the pl...... Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and others.................Respondents Judgment N......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being d......il) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Re......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ...... Ed. ...... Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State …………………………&he......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sharifa Khatun @ Sharbat Banu and others…………Appellants. Vs. Md. Yusuf and others.......................................Respondents Judgment April 1...... Vs. Md. Yusuf and others.......................................Respondents Judgment April 19th, 1992. Cases Referred to- Pradhip Das alias Shambhu vs. Kazal Das Sarma, 44 DLR (AD) 1; Abdus Sattar vs. Suresh Chandra Das, 32 DLR (AD) 171. Lawyers Involved: Khander Mahbubuddin Ah..Category: Tenancy Law | Date: | Hits: 90
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......cquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......sion in clause (c) of section 20 in the present Code the above explanation was dropped. 14. With regard to Expl. 3 Richardson J. held in the Bengal Provident and Insurance Co. Lt. Vs. Kamini Kumar Choudhury 22 CWN 517 that it is not "justifiable to interpret the language of the C......MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J Guiness Peat (Trading) Limited ………………..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 199......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent Judgment ......preme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State...Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda (of which the suit premises in the other suit is a part) belonged to Rajendra Lal Karmaker who died leaving 3 sons, namely, Dilip Kumar, Hirendra Nath Karmaker and Dhirendra Nath Karmaker. The aforesaid land comprising 0'080 acre......Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment ......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......er of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was administered first aid by two local doctors, Dr. Ranjit Kumar Majumder and Dr. Delwar but Safiuddin succumbed to the injuries at about 11‑30 AM. The ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abul Khair...............Petitioner. Vs. The State .................Respondent Judgment April 29th, 1992. La......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......2 All ER 45; Liyanage Vs. The Queen (1966] 1 All ER 650; Societe United Docks and others Vs. Government of Mauritius [1985]1 All ER 864; Hinds and others Vs. The Queen (1976) 1 All ER 353; SP Sampath Kumar Vs. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; B...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Ju...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......Thagoo Lal, AIR 1915 Cal. 819, Mathura Mohan Saha Vs. Ramkumar Saha, AIR 1916 Cal. 136 (141); Thayil Mammo and another Vs. Kottiath Ramunni and others, AIR 1966 (SC) 337; Hemendra Nath Mukerji Vs. Kumar Nath Roy 12 CWN 478. Kuppuswami Chettiar vs. ASPA Arumugam Chettiar and another AIR 1967 (SC)...... Latifur Rahman J Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .............................ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June ......ollowing Case No. 1 FA 1958‑59 and the plaintiff (of TS 48/71) and another auction purchased the same on 9.11.1959, and the sale was confirmed on 1.7.1960. Subsequently, the other auction purchaser Abdus Samed transferred his interest by a kabala dated 21. 6. 1961 in favour of the plaintiff. The p..Category: Property Law | Date: | Hits: 93