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Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....minal Procedure is mandatory. Failure to do so renders the proceeding liable "to be quashed". In the case of Anath Mondal Vs. Bankim Chandra Chakravarti reported in 9 DLR 362, a Division Bench of the Dhaka High Court observed that "if the objection is taken at an earlier stage of the proceeding, the......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea....... ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazila Nirbahi Officer and another 46 DLR 136; ADC (Revenue), Dhaka Vs. Md. Mostafa Ali Mridha and others, 48 DLR 193; Artoti Rani Paul Vs. Sudarshan Kumar Paul a......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop......Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the People's Republic of Bangladesh and another.......... Respondents (In b......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....ed charge sheet dated 19.11.2002 against the aforesaid three petitioners and one Md. Din Islam under section 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 4. The Druta Bichar Tribunal, Dhaka thereafter framed charge against all the four accused persons of the case for the offence un......l Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Kabir Hossain ................Petitioner. (In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State.............. Md. Abdul Matin J Md. Kabir Hossain ................Petitioner. (In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State..............................Respondent. (In both the cases) Judgment ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....ions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dhaka stating, inter alia, that the suit land originally belonged to Abdul Gani Bepari and the C.S....... MLR (AD) 2006, 119. ......azzul Islam J Meher Banu and others........Appellants (In Civil Appeal No. 228 of 2003) Haji Abdul Barek & Moslem Bepari........Appellants (In Civil Appeal No. 11 of 2003) Vs. Abdul Barek and Muslim Bepari ........Respondents (In Civil Appeal No. 228 of 2003) ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....epresented-Respondent Nos. 2 and 4. Civil Appeal No.112 of 1997 (From the judgment and order dated 28th June, 1994 passed by the High Court Division in Civil Revision No.184 of 1987(Dhaka), Civil Revision No.459 of 1988 (Rangpur) Judgment ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res......llate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Respondents Judgment November 12, ......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Segunbagicha, Dhaka and another……………………….........A...... Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Segunbagicha, Dhaka and another……………………….........Appella......by the Secretary, Ministry of Finance, Internal Resources Division, Segunbagicha, Dhaka and another……………………….........Appellants Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers…………............d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....d 24.4.2005 of the High Court Division in Civil Revision No. 6082 of 2001 discharging the Rule obtained against the judgment and order dated 20.9.2001 of the learned Joint District Judge, 3rd Court Dhaka in Title Suit No. 81 of 1987 rejecting application filed by the petitioners praying for addi......n: V ADC (2008) 605. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kazi Naimul Huq and others…....................... Petitioners Vs. Md. Abdus Sattar Bhuiyan and others .........Respondents Judgment June 2...... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....min CJ MM Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others........ Petitioners Vs. Md. Shahin Reza .................................. MM Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others........ Petitioners Vs. Md. Shahin Reza ........................................Hassan Ameen J Md. Abdul Matin J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others........ Petitioners Vs. Md. Shahin Reza ............................................Respondent Judgment ......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Noor Mohammad Biswas being dead his heirs 1. (a) Mst. Ayesha Begum and others ................Petitioners Vs. Surendra Nath Mondal being dead his heirs ......(Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Noor Mohammad Biswas being dead his heirs 1. (a) Mst. Ayesha Begum and others ................Petitioners Vs. Surendra Nath Mondal being dead his heirs 1.(a) Amrita Mondal and others .........Respon......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.........................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance, Banking Division, Bangladesh Secretariat, Dhaka & ors… ........Respondents Judgment November 8, 2007. Lawyer......d: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous......vil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Satter ...........................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Min......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Secretary, Rahmat-E-Alam Islam Mission & Etim Khana, No.1, Rail Gate, Tejgaon, Dhaka...............Petitioner (In Civil Petition No. 949 of 2005) Additional Deputy Commis......heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by......1, Rail Gate, Tejgaon, Dhaka...............Petitioner (In Civil Petition No. 949 of 2005) Additional Deputy Commissioner, Dhaka.........Petitioner (In Civil Petition No. 951 of 2005) Vs. Md. Shafiqul Huq, being dead his heirs: Captain Salauddin & others......... Responde......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..Category: Property Law | Date: | Hits: 48
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
.... 2. Short facts are that one Dr. Shamsuddin Jahangir as president of BCSIR Co-operative Housing Society filed a petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka on 29.07.2001 against the accused petitioner alleging, inter alia, that the accused petitione......ructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by the High Court Division in Criminal Miscellaneous Case No.665...... (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Dr. Zahirul Haque Bhuiyan & others...................Petitioners Vs. Dr. Shamsuddin Jahangir & another.................Respondents Judgment ......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......-For the Appellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 09 of 2003. (From the, judgment and order dated 21.05.2002 passed by the High Court Division in Criminal Appeal No. 3145 of 2000.)......on (Criminal) Present Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Jalal alias Md. Jalal.........................Appellant Vs. The State....................................Respondent Judgment ......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..Category: Criminal Law | Date: | Hits: 41
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....roperty together with the recovery of khas possession thereof by evicting the defendant therefrom alleging, inter alia, that one Major (retired) Habibur Rahman Miah got the suit property from Dhaka Cantonment of the then East Pakistan Circle for 99 years and necessary deed was registered a....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg...... (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Badiuzzaman..............................Petitioner. Vs. Parvin Akhter Jahan & another.........Respondents. Judgment &...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. Rajab Ali Pramanik and other...... Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. Rajab Ali Pramanik and others.................Respondents Judgment March 2......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment May 15, 2005. Lawyers Involved: ...... N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment May 15, 2005. Lawyers Involved: ...... Amin J M. A. Aziz J N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judg...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....e of Abbas Ali but Forest Department having had claimed the land taken settlement by Abbas Ali, he filed Title Suit No.150 of 1976 In the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka seeking declaration of title and obtained decree, that appeal preferred by the Government aga......ate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents ......ent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents Judgment April 16, 2007. L......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....iable to be included in the CIS report as defaulting borrowers. 5. It was further stated that Meghna PET Industries Ltd. was financed by Dutch Bangla Bank Ltd., Local Office, Motijheel C/A, Dhaka and Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO) Brae Centr......sp; Lawyers Involved: Abdullah-Al-Mamun, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners (In both the cases) Rafique-Ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Recor...... M.M. Ruhul Amin J Amirul Kabir Chowdhury J Sonali Bank, represented by its Managing Director, Head Office & another.............. Petitioners (In both the cases) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Hefazatur Rahman Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Res......(Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Hefazatur Rahman Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Respondents Judgment &nb......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....at later on another audit team seized petitioner's documents and other papers and after seven months submitted the report to the writ respondent No.2-The Commissioner of Customs, Excise & VAT, Dhaka South, Dhaka and in the said report it was alleged that during the period between July 1991 a...... Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Ju......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
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