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Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......e Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents Judgment January......the suit land on 15-8-1975 from one Mrs. Anwanil Islam, wife of one Sirajul Islam, in RS Dag Nos. 2632, 2633 and 2637 from the western portion of the said Dags, Defendant Nos. 1 and 5 and one Abul Kalam Azad purchased 1 Kani 4 gonda 3 kara 1 danti land from the eastern portion of the said Dags b......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ision (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgm......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....he High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realising that the petitioner is the lawful lessee under the provision of the State Acquisition and Tenancy Act 1950 and its vested right as lessee cannot be affected in such ma...... Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..

Category: Banking Law | Date: | Hits: 157

Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)

....Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Golam Sarwar Hiru....................Petitioner Vs. The State and other...........Respondents Judgment July 10, 2002. Result: The petition is di...... (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..

Category: Criminal Law | Date: | Hits: 92

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......11, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, M......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....ion is dismissed. Ed. ......ellate Division (Criminal) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State......................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....issed. Ed. ......ion (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. L......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)

....pellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Khalid Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September 2, 2007 Lawyers I......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....High Court Division which held as under: "We find that the suit land was already recorded in the names of original plaintiff Obaidul Islam and his wife Gulshan Begum during survey under the State Acquisition and Tenancy Act, 1950 in plot Nos.298/302 and 298/303 appertaining to S.A. Khati...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......te directors (Annexures-B-B-1). Accordingly, in the Board of Directors of the Bank the appellant No.1, Abdul Muhit, appellant No. 2, Major (Rtd.) Ekhtiar Hossain, appellant no. 3, Dr. Ataur Rahman Talukder, appellant no.4,Nargis Mannan and one Abul Bashar Bhuiyan were nominated to represent the ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... his khash land as the same has already vested in the Government with effect from the date of notification dated 14-04-1956 for the wholesale acquisition under the provision of Section 3(2) of the State Acquisition and Tenancy Act, 1951. 9. Mr. Bhuiyan could not produce any gazette notific...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represented by the Secretary, Ministry of Education and......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..

Category: Employment/Service Law | Date: | Hits: 68

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ  MM Ruhul Amin J Md. Joynul Abedin J Bangladesh and others......................Appellants Vs. Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Resu...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....s right under the statute cannot be modified, altered or affected by an amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, ......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others............. of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

.... on the strength of the temporary injunction made in the suit got no leg to stand upon……………………(12) Cases Referred to: A.F.M. Shah Alam and others, 41 DLR (AD) 6; Secre­tary of State Vs. Mask & Co., 44 C.W.N. 709; Wolverhampton New Waterworks Co. Vs. Hawkesford (6 C.B.N.S....... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents ......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent Judgme...... J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. Is­lamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (A......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Ju......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..

Category: Property Law | Date: | Hits: 32