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Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ppointed in accordance with the Waqf deed. 10. The High Court Division further held that the order dated 30.08.2005 passed by the Waqf Administrator directing Mohammad Hanif to hand over the charge of the Waqf Estate as Mutawalli to the present petitioner is also not justifie......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the Respondent No.1 &nbs...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....pose of salish over a dispute between condemned prisoner Joynal Fakir and his brother Mohir Fakir. When they reached in front of the house of condemned prisoners, Joynal Fakir with a dagger in his hand, Sumon with a Chinese axe in his hand, accused Sahin with a Ramdao in his hand, Babu with a sw......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... Rustom Ali who after constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala execu......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... AIR 1971 (SC) 966; Bidhu Bhusan Bagchi and another Vs. The State of West Bengal, AIR 1952 Calcutta 901; Vrajlal Manilal and Company Vs. State of Madhya Pradesh AIR 1970 (SC) 129 (135); M/s. Laxmi Khandsari Vs. State of Uttar Pradesh AIR 1981 (SC) 873 (880); M/s. Sukhanandan Saran Dinesh Kumar V. ......ntary basis in 1864 the movement was soon internationalised and each national Society had to be constituted or re-constituted by the State, signatory to the Geneva Convention of 1864. It is to be noted that the first members of the Indian Red Cross Society were only those persons who were nomina..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ative. Some of these cases are Monir Ahmed Khan Vs. Bozlu Mia, 1988 BLD 241; Jalaluddin Ahmed Vs. Matiur Rahman Khan, 41 DLR, 77; Mostafa Kamal Vs. B.D. Habibullah & ors, 41 DLR 197. On the other hand, in two cases- Habibur Rahman Vs. Election Commission, 40 DLR 459 and Haji Sultan Ahmed Vs. Abd......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....f the appellant and also saw the appellant in that house; he then sent the injured to his hospital (Health Centre) for treatment. 11. Mr. Mainul Hosein saw a contradiction between P.W.2 on the one hand and P.Ws 10 and 12 on the other hand in respect of the place where the injured Mahmuda was foun......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ffect that Syed Matiur Rob, son of late Syed Mojibur Rob, was admitted in Dhaka Medical College in December 1949 as first year student and that he passed MBBS Examination in April, 1955. On the other hand, respondent No.1 filed a supplementary affidavit annexing with it a photostat copy certificat......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....d others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, (Harendra Nath Nandi, Advocate with him) instructed by ......s that as soon as an appeal is decided, it is for one or the other party concerned to inform the Court as to what has happened in the appeal, and the execution application is to be amended or a note made by the Court as to what relief had been granted by the appellate court, and to determine..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....or of the Sonar Bangla Service Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defenda......e time it has been observed therein that delay in filing an appeal by the Government may be condoned in the background of special circumstances. In the instant case because of the materials in detail noted in the judgment of the High Court Division we are of the view that in the background of the sa..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....mulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury.......... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....nged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that on the objection raised by the Audit Department they asked the petitioner to pay ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....ts that P.W. 5 Sonatan Mondal gave a different version contradictory to that of the prosecution case. Similarly P.W.7 Chowkidar, Abu Jafar also belied the prosecuting story and P.W. 14 Nikhil Chandra Mondal though was tendered made material statement leading to the irresistible hypothes......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....s through the judgments passed by the courts below and submits, interalia, that the High Court Division committed error in disregarding the fact that the petitioner being a ledger clerk had no hand in the alleged offence of misappropriation or forgery inasmuch as he discharged his routine d...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
.... and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was carrying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
.... provision of Section 7(2) (f) of the Ordinance has no manner of application in this case. 6. Mr. Abdur Rob Chowdhury, the learned Counsel appearing for the respondent Nol, on the other hand, contended that the appellant admittedly withdrew a sum of TK. 20,000/- on 13-05-2002 for impl......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....authorizes an authority to make an order and it also authorises power to cancel the same. 8. Md. Nowab Ali, the learned Advocate-on-record appearing for the respondent No. 2 has, on he other hand argued that the Labour Court having considered the said memorandum dated 1-1-1981 that a ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
.... with deadly weapons including pistol, hockey stick etc. obstructed them in their watt and that one of the unknown accused assaulted Ataur Rahman Toni on his head with the pistol lying in his hand and accused respondent Obaidul Huqe assaulted Ataur Rahman Toni indiscriminately with hok......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....formant and his two other brothers P.W.3 and 3 as usual wakeup from sleep and no sooner they had come in front of the house, the accused started beating them indiscriminately and blasted hand bombs to terrorize them when the accused Farook shot at him (deceased) with pipe gun which hit......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25