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Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

.... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......inal) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Khurshida Begum and another...............................Appellants Vs. Golam Mostafa and others ………………...Respondents. Judgment December 11, 2001...... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...

Category: Criminal Law | Date: | Hits: 37

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases Referred to: Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Reports Volume III at page 417; Giasuddin and others vs. The State 44 DLR ......Chowdhury J Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and another................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..

Category: Criminal Law | Date: | Hits: 35

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Judgment May 21, 1998. Cases Referred to: Mujibur Rahman Vs Bangladesh 44 DLR (AD) 111; Taleb Vs. Bangladesh 45 DLR(AD) 45; Ehteshamuddin Vs. Bangladesh 33 DLR...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Ju......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..

Category: Administrative Law | Date: | Hits: 110

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahida Begum and ors...............Respondent ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Sec...... Latifur Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992)......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

....d in: II ADC (2005) 732. ...... (Civil) Present: Mainur Reza Chowdhury J Mohammad Gholam Rabban J Md. Ruhul Amin J Bangladesh Biman Corporation and oth­ers............Appellants Vs. Md. Jusimuddin………………………&he...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..

Category: Criminal Law | Date: | Hits: 86

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

.... Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land Reform and    &...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land Reform and......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed.  Ed. This Case is also Reported in: VI ADC (2009) 406. ..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....ual­ity buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No3 and at that stage Bangladesh Paribahan (Pvt) Ltd. was formed with respondent No. 2 as its Managing Director and on Sur......esent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs.  Monir Hossain and others………….........Respondents  Judgment August 25, 2008. ......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ..

Category: Business or Commercial Law | Date: | Hits: 142

Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)

....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......l Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Petitioners Vs. M.A. Siddique and other........Respondents Judgment October 20, 2008. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..

Category: Property Law | Date: | Hits: 27

Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

.... J Md. Abdul Matin J Abu Taher & another…………………….......Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Noakhali & others........Respondents ......t: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abu Taher & another…………………….......Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commissione...... Division upon correct Assess­ment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Division upon correct Assess­ment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ..

Category: Property Law | Date: | Hits: 26

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....s freedom fighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the cir­cular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong Cit......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

....assured to settle the outstanding bills but took no positive step; then the foreign banks through their lawyer served legal notice demanding payment from the plaintiff bank and ulti­mately the Bangladesh Bank also intervened and then on 27.11.1986, 2.12.1986 and 15.12.1986 the plaintiff made...... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ...... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ...... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..

Category: Civil Law | Date: | Hits: 106

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....n picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BSB) in the name of the M/S Capri Cinema Hall (Pvt.) Ltd. They being unable ......(2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..

Category: Civil Law | Date: | Hits: 128

Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)

....l-half yearly installments. Against the loan securities were given by mortgaged land and building, hypothecation of machineries and the personal guarantees of directors. 3. In the meantime, Bangladesh Bank issued a memo dated 7.10.1991 directing all the banks to allow waiver of 75% of gen...... Mahmudul Amin Chowdhury CJ Md. Ruhul Amin J K.M. Hasan J Sonali Bank……………………………Petitioner Vs. Quaderia Publications and Products Limited and others…………&he......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..

Category: Banking Law | Date: | Hits: 100

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

.... Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others............Respondents ...... Appellate Court (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministr......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..

Category: Civil Law | Date: | Hits: 104

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....oorullah & ors….............Petitioners (In Civil Petition No.1320 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Industries Dhaka and others…........... Md. Noorullah & ors….............Petitioners (In Civil Petition No.1320 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Industries Dhaka and others&h......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..

Category: Employment/Service Law | Date: | Hits: 64

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......mad Fazlul Karim J   Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J    State.....................................Petitioner Vs. Abdul Jalil and others...........Respondents Judgment February 8, 2009.&nbs...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..

Category: Criminal Law | Date: | Hits: 38

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....pondents Judgment          April 22, 2009. Cases Referred To- Mofizul Huq vs Mofizur Rahman 48 DLR (AD) 121 & Noor-e-Alam vs Bangladesh, 60 DLR (AD) 12. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructe...... Md. Tafazzul Islam J   Md. Abdul Matin J    Md. Abdul Aziz J     Upazila Nirbahi Officer.......................Appellant Vs. ASM Harunar Rashid and others................Respondents Judgment   ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270