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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Sree Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……......li vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 DLR (AD) 237 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Rec......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....l) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazul Karim J Amirul Kabir Chowdhury J Mainul Islam.........Petitioner (In both the Cases) Vs The State & another….....Respondent (In Criminal Petition No. 189 of 2003) The State......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

....nt: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents Judgment May 24, 2005 Lawyers In......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Re..

Category: Criminal Law | Date: | Hits: 27

Shahabuddin Vs. State, 2006, 35 CLC (AD)

.... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Lawyers Involved: ......ate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Law...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……………………………&hellip...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....2001) Sajjad Shaheen @ Prince...................Appellant (In Criminal Appeal No. 15/2001) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respondent (In all case......al Appeal No.14/2001) Sajjad Shaheen @ Prince...................Appellant (In Criminal Appeal No. 15/2001) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respond......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

.... (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J M. M. Ruhul Amin J Md. Golam Murtuza @ Isphil..........Appellant vs The State……………………………&hellip......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

....(Criminal) Present: J. R. Mudassir Husain C J Mohammad Fazlul Karim J Md. Tafazzul Islam J Delip Kumar Shaha.................Petitioners Vs The State……………………………&hellip...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....ed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and oth­ers......................Petitioner Vs The State..............................Respondents Judgment August 31, 2005. Lawy......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

.... ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

.... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....suit. 6. Leave was granted to consider the contentions that the property in question being non-retainable land of the Zamindar having stood acquired as per provision of Section 20(2) of the State Acquisition and Tenancy Act, 1950 and that as the property belonged to the Government and is ......s. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, rep­resented by the Secretary, Ministry of Hou......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......f Intermediate and Secondary Education, Jessore and oth­ers.......... Appellants (In all the cases) vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul Kalam Azad being dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of 20......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

.... water in 1335 B. S and that at the time of preparation of S.A. record the said land was diluvial land and accordingly S. A. record was prepared and that as per provi­sion of section 86 of the State Acquisition and Tenancy Act, 1950 the land in question was listed in khas khatian No. 1, that...... J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner, Pirojpur and oth­ers....................Appellants Vs. Md. Wazed Ali and others……………………......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

.... land in favour of the plaintiffs by way pattan. The suit land recorded in the names of the plaintiffs was again corrected in favour of defendants after filing objection under section 19(1) of the State Acquisition and Tenancy Act. So the suit is liable to be dismissed. The trial court decreed t......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ip;…….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38