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

....8, 246. ......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J The State.......................................Petitioner Vs. Md. Mukul alias Swapan..................Respondent Judgment August 12, 2007. Resu......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..

Category: Criminal Law | Date: | Hits: 73

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

....Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having f...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 200...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..

Category: Property Law | Date: | Hits: 32

Nazrul Islam Vs. State, 2007, 36 CLC (AD)

.... (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Nazrul Islam...............................Petitioner Vs. The State..................................Respondent Judgment August 12, 2007. Law......ate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Nazrul Islam...............................Petitioner Vs. The State..................................Respondent Judgment August 12, 2......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..

Category: Criminal Law | Date: | Hits: 29

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....t Appellate Division (Criminal) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mokbul Hossain Howlader................Appellant Vs. The State...............................Respondent Judgment September 13, 2007. Law...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mokbul Hossain Howlader................Appellant Vs. The State...............................Respondent Judgment September 13, 2......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..

Category: Criminal Law | Date: | Hits: 42

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....es of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury Wakf Estate, subsequently Government acquired 12 annas shares of the case fisheries under the State Acquisition and Tenancy Act, 1950; the appellant petitioner as joint Mutawalli of Dewan Aftab......Md. Hassan Ameen J Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chowdhury Waqf Estate, of Village: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..

Category: Property Law | Date: | Hits: 50

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....ider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Heron and others........Petitioners (In Criminal Petition No. 315 of 2005) Vs. The State ...................................Respondent (In both the cases) Judgment Augu...... Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Heron and others........Petitioners (In Criminal Petition No. 315 of 2005) Vs. The State ...................................Respondent (In both the cases) Judgm......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..

Category: Criminal Law | Date: | Hits: 43

Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)

.... by a Single Bench of the High Court Division in Civil Revision No.3366 of 1996 making the Rule absolute. 2.The pre-emptor instituted Miscellaneous Case No.13 of 1986 under section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Senior Assistant Judge, Chakaria ...... Supreme Court Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Hassan Ameen J Master Jainul Abedin................Petitioner Vs. Haji Salamullah Khan & others ..........Respondents Judgment June 6, 20......s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ..

Category: Property Law | Date: | Hits: 29

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. ...... J Md. Hassan Ameen J Md. Sirajul Islam........................Petitioner Vs. The State.................................. Respondent Judgment August 5, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record- For the Petitioner. Not represented- For Respondent. ......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

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

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... DLR (SC) (1978) 244. ......Islam J Amal Kumar Moitra………………Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..

Category: Tenancy Law | Date: | Hits: 142

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...... ......ry for me to assume the power of Chief Martial law Administrators and to make some modifications in the proclamation of the 20th August, 1975. Now, therefore, I, Mr. Justice Abu Sadat Muhammad Sayem, President of Bangladesh, do hereby assume the Powers of Chief Martial Law Administ......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. ......DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138