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Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....Rule 9 CPC. 2. Brief facts are that late Munshi Aminullah, the predecessor of the respon­dent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 pray­ing for pre-emption of the case land on the averme......hul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and others …………………&hellip......spondents Judgment April 26, 2007. Cases Referred To- Kazi Mohammad Joyan Ali and another vs. Raja Pramanik and ors,53 C.W.N. (1 DLR 61); Kafiluddin Chowdhury vs. Dr. Abdus Sattar, 20 DLR 1220; A. Jafar Vs. A. Hamid, 29 DLR 306; Belayet Hossain and another vs. Md. A......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..

Category: Property Law | Date: | Hits: 26

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..

Category: Property Law | Date: | Hits: 39

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondent...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. Jahangir Alam & oth­ers..........Respondents (In Civil Appeal No. 38 of 2005) ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shushil Chandra Nath …………….........Appellant Vs. Shanjib Kanti Nath and another …………….......Respondents......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....ground, as observed by the learned Judge so long as the constitu­tion remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly con­cerns of the State and the Government know best to preserve them, but the Court's concern in a case of preventive......l Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 20......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J The State…………………….Petitioner Vs. M...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J The State…………………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers ......bsp;         2. The facts, in short, are that the accused respondent served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office, Ramna, Dhaka under Telegraph and Telepho......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..

Category: Criminal Law | Date: | Hits: 62

Nantu Vs. State, 2007, 36 CLC (AD)

....Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Nantu………………………..Petitioner Vs. The State .................Respondent Judgment October 3, 2007. Lawyers Involved......resent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Nantu………………………..Petitioner Vs. The State .................Respondent Judgment October 3, 2007. L......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

.... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Malek Gharami .........Petitioner Vs. The State…………......Respondent Judgment March 19, 2007. ......nt: Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Malek Gharami .........Petitioner Vs. The State…………......Respondent Judgment March ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)

....mmad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abdul Momin Sarder………......Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Satkhira.....Respondent Judgment ...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abdul Momin Sarder………......Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Satkhira.....Respondent J......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..

Category: Criminal Law | Date: | Hits: 41

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....64. ......vision (Criminal) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………................Petitioner Vs. Matiur Rahman ………………......Respondent ......on 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) 4; V ADC (2008) 164. ......on 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) 4; V ADC (2008) 164. ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs....... Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ......t Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Shamsul Arefin Rao …………….............Petitioner (In both the cases) Vs. Mahbub Hossain ………………………&......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ..

Category: Civil Law | Date: | Hits: 88

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... Supreme Court Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Most. Rashida Khatun ..........Appellant Vs. Sakina Begum and others…....Respondents Judgment May 24, 2007. ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..

Category: Property Law | Date: | Hits: 24

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......nt Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others ............................Respondents Judgment ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... Supreme Court Appellate Division (Civil) Present Mohammad Fazlul Karim J Md.Joynul Abedin J Md. Rafiq Uddin and another.......Petitioners Vs. Md. Khorshed Ali Mollah and others………....Respondents Judgmen......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ..

Category: Property Law | Date: | Hits: 27

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....;                  2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that th...... Supreme Court Appellate Division (Civil Present Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Wazed Sharif .......................Appellant Vs. Shudhir Ranjan Biswas and others ... Respondents Judgment March 15, 2007.......pondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his broth­er Abdus Samad Sharif entered into a con­tract on 29.12.1963 with the respondent Nos.3 and 4 as we......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Appellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Mesbahuddin Ahmed ....................Appellant Vs. M/s. James Finlay……………………&hellip......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... Appellate Division (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank ..................................Appellant Vs. Md. Zalaluddin and others ……….....Respondents Judgment ......d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ..

Category: Administrative Law | Date: | Hits: 104

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......ppellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35