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Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

..............Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referred to- Habibur Rahman Hawlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain Vs. Md.  Shafiul Alam, (Chand) 51 ...... (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment Jun...... was quashed by the Appellate Division though the High Court Division rejected the application. He refers to paragraph 12 in the decision which reads as follows.   "Mr. Abdus Sobhan, learned Advocate for the complainant respondent, realiz­ing the legal position a......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....vision (Criminal) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Hamidul Haque J Tafazzal Hossain Shajahan...............Appellant Vs. The State………………….Respondent Judgment July...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Hamidul Haque J Tafazzal Hossain Shajahan...............Appellant Vs. The State………………….Respondent Judg...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed J. R Mudassir Husain J Md. Fazar Ali............................Appellant Vs. The State, represented by the Deputy Commissioner, Natore.....Respondent Judgment Novemb...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed J. R Mudassir Husain J Md. Fazar Ali............................Appellant Vs. The State, represented by the Deputy Commissioner, Natore.....Respondent Judgmen...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ..

Category: Criminal Law | Date: | Hits: 49

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

.... In the said state of the matter it has been contended on behalf of the respondent No.1 that the expression Governing means 'the person or body of per­sons administering laws and government the State "Or that" the body or persons charged with the duty of Governing and exercising ce......n (Civil) Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Mohamad Fazlul Karim J Qamrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..

Category: Administrative Law | Date: | Hits: 95

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

.... Division is set aside and the 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) 219. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Md. Golam Rasul....................Appellant Vs. Chan Mohammad....................Respondent. Judgment October 26, 2003. ...... Division is set aside and the 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) 219. ...... Division is set aside and the 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) 219. ..

Category: Property Law | Date: | Hits: 46

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Afsar Uddin Sarker..........................Appellant Vs. Md. Aftabuddin & others...................Respondents Judgment May 1......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)

.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Narayan Chandra Sarker...............Appellant Vs. Abdur Rahman.............................Respondent Judgment June 25, 200...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ..

Category: Procedural Law | Date: | Hits: 95

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ision (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J The Chairman and another...............................Appellants Vs. Md. Sakhawat Hossain and others......................Respondents Judgment ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..

Category: Employment/Service Law | Date: | Hits: 83

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

.... Reported in: 1 ADC (2004)184. ......t Appellate Division (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5,......pellate Division (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. ......e Division (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Law..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....04) 182. ......ivision (Criminal) Present: Mainur Reza Chowdhury J Mohammad Fazlul Karim J Syed JR Mudassir Husain J The State.........................Appellant Vs. Md.Tuku Biswas.............Respondents Judgment April 9, 2002. La......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... Mahmudul Amin Choudhury J     Mainur Reza Chowdhury J Bangladesh Water Development Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..

Category: Civil Law | Date: | Hits: 89

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ...... Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represent­ed by the Deputy Commissioner, Dhaka and other....................................Appellants Vs. Abdul Wahab Mia and others.....................Respondents (In Civil Petition No. 118 of......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....ing the then preva­lent view that salary is a bounty of the Crown. The High Court of West Pakistan, Lahore in appeal held that the doctrine that the salary of a government servant is a bounty of the State is no longer applicable. On appeal by the State on the strength of a certificate granted by th......Rouf J  Bimalendu Bikash Roy Choudhury J  The Government of Bangladesh rep­resented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ahmed.....................Respondent (In both the appeals). Judgment July, ......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995)......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

.... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... Choudhury J Md. Ruhul Amin J KM Hasan J The Secretary, Ministry of Environment and Forest, Bangladesh Secretariat, Dhaka and another........................Appellants Vs. Shaha Md. Nurul Islam..........Respondent Judgment April 23, 2002. ...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..

Category: Administrative Law | Date: | Hits: 95

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......eme Court Appellate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..

Category: Property Law | Date: | Hits: 23

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

.... concurrent finding of the Courts below by the High Court Division. He further submits that both the Courts below gave specific observation and finding that the notice under section 89 (4) of the State Acquisition and Tenancy Act shown to have served is a subsequent creation for the purpose of...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Raushan Akhter @ Moharaji Bibi and others........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Shamir @ Shamir Khan and others.........................Appellant Vs. The State........Respondent Judgment May 12, 2002. Lawyers Involved: A. B.&......(Criminal) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Shamir @ Shamir Khan and others.........................Appellant Vs. The State........Respondent Judgment May 12, 2002. Lawyers Involve...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......arim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and oth­ers.....................Appellants (In Civil Appeal No. 54 of 2001) Vs. Md. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others.......... ..Respondents......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....pellate Division (Criminal) Present:  Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents ......Court Appellate Division (Criminal) Present:  Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Res......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34