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Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)

....nal) Present Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Jalal alias Md. Jalal.........................Appellant Vs. The State....................................Respondent Judgment     &nb......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. ......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

Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)

....d leaving three sons plaintiff Nos.1 to 3 and a daughter plaintiff No.4 and they have been possessing the suit and peacefully for more than 12 years by cultivating and growing crops; that under the State Acquisition and Tenancy Act the plaintiffs acquired rioty right in the suit land under the G...... 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. ......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

Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

....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. ......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. ......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

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment ......te, instructed by Sufia Khatun, Advocate-on-Record- For the appellant. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. Muhammad Nawab Ali, Advocate-on-Record- For the Respondent No. 4. Not represented-Responde......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..

Category: Civil Law | Date: | Hits: 119

Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)

....ion in Civil Revision No. 3768 of 1995 making the rule absolute. 2. Short facts are that the present respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of th......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M. M. Ruhul Amin J Munshi Mohammad Fazlul Haque..................Petitioner Vs. Saleh Ahmed & others.................Respondents Judgment May 14, 2007......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..

Category: Property Law | Date: | Hits: 26

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....red to file certified copy of the disputed kabala along with the application in the trial Court but the applicant failed, to do so and hence the application for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1951 is not maintainable and the said fact has not been consider...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judg......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..

Category: Property Law | Date: | Hits: 33

Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

....ferred 0.06 acre out of the Suit Plot No. 1006 in favour of Moklesh Uddin Chowdhury. Abdus Salam Chowdhury filed Miscellaneous Case Nos. 135 and 136 of 1967 for pre-emption under Section 96 of the State Acquisition and Tenancy Act against Abdul Mannan Chowdhury and Moklesh Uddin Chowdhury respec...... M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md. Abdul Munim Chowdhury & another..............................Respondent Ju......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..

Category: Property Law | Date: | Hits: 30

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

.... ......Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..

Category: Criminal Law | Date: | Hits: 36

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....1881 is a question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be qu......299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..

Category: Criminal Law | Date: | Hits: 67

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....ality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of the Constitution.……….(35 and 36)  Cases Referred to- Kathi Raning vs. State of Saurashtra, AIR 1952 SC 123; Muhibur Rahman Manik vs. Bangladesh, 55 DLR 636. Lawy......  Present:  Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J  Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants  Vs.  Bangladesh and others………………………………....Respondents  Judgm......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ..

Category: Criminal Law | Date: | Hits: 59

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

....judg­ment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respon­dents being employees of State instrumentality are not governed by the general principle of master and servant and the manage....... ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....C) 830; P Jayappan vs. Sk Perumal: (1994) 149 ITR S96(SC); Tip­top Plastic Industries P Ltd vs 1TQ; (1995) 2H ITR 778 (Madras); Gopal vs. Assistant CIT; (1994) 207 ITR 971 (Madras); MK Gopalan vs. State of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AI......d. Joynul Abedin J  Md. Hassan Ameen J Md. Abdul Matin J   Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku............Respondent Judgm......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....er knowing about the wrong S.A. record in the name of the said defendants in the government, the plaintiffs in the first part of 1973 filed a Misc. Case no. 26 of 1973 under section 143 (A) of the State Acquisition and Tenancy Act which was dis­missed for default on 15-06-1976 due to illness......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..

Category: Property Law | Date: | Hits: 23

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron&hell...... Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment Augu......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

....46. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..

Category: Criminal Law | Date: | Hits: 24

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment      ...... Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment   &nb...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

....sed. Ed. This Case is also Reported in: V ADC (2008) 439. ......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 200......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..

Category: Criminal Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....Islam was not therefore aggrieved by the said judgment dated 13.7.2000. 12. After receiving the aforesaid judgment of the Appellate Division passed in Criminal Petition No. 220 of 2000, the State represented by the Deputy Commissioner, Dhaka and the Officer-in-charge, Motijheel Police Sta......mad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka and others........Respondents ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....ce; that the Courts below failed to consider the regis­tered deeds of agreement to reconvey the land Ext-'A' and 'B' and thereby failed to appreciate the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession i......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007.......d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..

Category: Property Law | Date: | Hits: 19

Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)

....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) 422. ...... Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others ...................Petitioners Vs. Md. Atiar Rahman Mollah..........Respondent Judgment     ......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) 422. ......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) 422. ..

Category: Administrative Law | Date: | Hits: 120