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Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....e defendant threatened to dispossess the plaintiffs from the suit land on the basis of the judgment and order passed in her favour in Miscellaneous Case No. 97 of 1984 filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in ......vision (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Judgment May 6, 2007. C......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..

Category: Property Law | Date: | Hits: 60

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

....llate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Lutfor Rahman and others......Petitioners Vs. The State and another..........Respondents Judgment July 29, 2007. Cases Referr......urt Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Lutfor Rahman and others......Petitioners Vs. The State and another..........Respondents Judgment July 29, 2007. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

Category: Criminal Law | Date: | Hits: 39

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....ion (Criminal) Present: Mohammad Fazlul Karim J Joynul Abedin J Md. Hassan Ameen J Mohammad Ali alias Shanu ............Petitioner Vs. The State..................................Respondent Judgment December 10, 2007. L......Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Joynul Abedin J Md. Hassan Ameen J Mohammad Ali alias Shanu ............Petitioner Vs. The State..................................Respondent Judgment December 10......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..

Category: Criminal Law | Date: | Hits: 40

Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Md. Sirajul Islam........................Petitioner Vs. The State.................................. Respondent Judgment August 5, 2007. Lawyers Involve......8, 118. ......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ..

Category: Anti-Corruption Laws | Date: | Hits: 111

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Md. Miksar Ali Dewan and others........................Petitioners Vs. Dares Ali Mondal and others..............................Respondents Judgement Augus......acres of land on August 24,1963 i.e. land of "Uma" schedule to Mazeda Khatun and Moslema Khatun and others and record of right was prepared in their names, that Hanif Uddin sold 4.00 acres of land to Abdus Sobhan and also 3 acres of land to one Namazi who died leaving the defendant Nos. 57-60, that ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..

Category: Property Law | Date: | Hits: 29

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................Respondent Judgment January 31, 2008. Result: The A...... Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................Respondent Judgment January 31, 2008. Result: ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....ntainable and that the land in suit has been recorded in the kash Khatian being within the periphery of the Khulna Hat and Bazar and that the land in suit as per provision of section 20(2a) of the State Acquisition and Tenancy Act, 1950 is of the class of non-retainable land and that com­pen...... (Civil) Present: Md. Ruhul Amin J  Md. Mudassir Husain J Abu Sayeed Ahammed J Gopal Das Soni and another........................Petitioners Vs. Government of Bangladesh and others....... ...............Respondents Judgment&nb......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..

Category: Property Law | Date: | Hits: 27

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... MM Ruhul Amin J   Md. Tafazzul Islam J                   Md. Abdul Matin J    State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment&...... Md. Tafazzul Islam J                   Md. Abdul Matin J    State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment     ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..

Category: Criminal Law | Date: | Hits: 63

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......dhury J Moulana Delwar Hosain Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others………………&helli......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..

Category: Election Law | Date: | Hits: 126

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

.... Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the appeals) Vs. State and another…………………...Respondents (In both th......n Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the appeals) Vs. State and another…………………...Respondents ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

.... Then the appellants filed a petition for special leave to appeal before the Supreme Court and leave was granted to consider whether the question of frustration of lease can arise wherein both the State Acquisition Department and the Irriga­tion Department are components of the respondent an...... Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Mariam and ors……………..Appellants Vs. Bangladesh………………….Respondents Jud......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..

Category: Civil Law | Date: | Hits: 89

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ...... Division (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers......on (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involv......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..

Category: Tenancy Law | Date: | Hits: 163

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....on so far issued. If this is not recognized as one of the most essential principle of constitutionalism which is evidenced by the retention of the division of powers between the three organs of the State under the constitution it would merely lead to what he described as Constitutional absolutis...... ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....rt Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment   February 18, 2007. ......eme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment   February 18, 2......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

.... Md. Tafazzul Islam J                   Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment      &nbs......ers.................Respondents Judgment            February 26, 2007.  Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ......ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ment Commissioner 21 DLR 456; Firm Sriniwas vs Mahabir Prasad AIR 1951 (SC) 177; Om Prakash vs Ram Kumar AIR 1991 (SC) 409; Secretary to Government vs Abdul Kafil PLD 1978 (SC) 242; Muskrat vs United States 219 US 346; Rao Shiv Bahadur Singh vs State of Vindhya Pradesh AIR 1953 SC 394; Nayyar appell......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ed To- SP Gupta vs. President of India AIR 1982 (SC) 149; K Jain vs. Union of India AIR 1993 (SC) 1769; SR Bommai vs. Union of India AIR 1994 (SC) 1918; New York Times Company vs. United States 403 US 713 (1971); Nixon vs. United States 418 US 683 (1974); State of Punjab vs. SS Singh A...... Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsul Huda and others..................Respondents Judgment M......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment Decembe...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..

Category: Civil Law | Date: | Hits: 111

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....zmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16; 1991 BLD (AD)...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..

Category: Anti-Corruption Laws | Date: | Hits: 219

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....llip;…………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and oth­ers ………………………&hell......iya ………………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and oth­ers …………………&hell......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..

Category: Criminal Law | Date: | Hits: 79