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Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

.... Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E-Elahi Panir Vs. Bangladesh, 44 DLR (AD) 319; Anwar Hossain Vs. Mainul Hosein, 58 DLR (AD) 229; Jamuna Oil Company Vs. Chairman Labour Court, Chittagong......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......l Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 20......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

Nantu Vs. State, 2007, 36 CLC (AD)

....e standard in as much Pws.2 and 3 implicat­ed convict Monir Raj, Babul Mirdha, Husain Bepari and Chand Kha along with the present petitioner and similarly Pw.13 also implicated Babul Mirdha and Hossain Bepari along with the crime and the Pws. 4, 12 and 13 though implicated the petitioner in t......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......resent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Nantu………………………..Petitioner Vs. The State .................Respondent Judgment October 3, 2007. L...... submits that upholding the conviction of the petitioner, the learned Judges of the High Court Division have applied double standard in as much Pws.2 and 3 implicat­ed convict Monir Raj, Babul Mirdha, Husain Bepari and Chand Kha along with the present petitioner and similarly Pw.13 also impl..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

....alek Gharami .........Petitioner Vs. The State…………......Respondent Judgment March 19, 2007. Lawyers Involved: Khondoker Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......nt: Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Malek Gharami .........Petitioner Vs. The State…………......Respondent Judgment March ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....;(6) Cases Referred To- 1987 BCR(AD) 140, 7 DLR 305, 13 DLR 414, 18 DLR(SC) 474, 21 DLR Dhaka 958, Siddique Miah Vs. The State, 4 MLR (AD) 167. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Cr......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......vision (Criminal) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………................Petitioner Vs. Matiur Rahman ………………......Respondent ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....itioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Cr...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....l Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Shamsul Arefin Rao …………….............Petitioner (In both the cases) Vs. Mahbub Hossain ……………………………&he......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ......t Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Shamsul Arefin Rao …………….............Petitioner (In both the cases) Vs. Mahbub Hossain ………………………&......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ..

Category: Civil Law | Date: | Hits: 88

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....Nos.1 and 2, 3.30 acres of land to Nawsher Ali and another 3.30 acres of land to the defendant No.7 for proper consideration. The plaintiff Nos. 1 and 2 purchased the land in benami of Md. Tabarak Hossain. Satish Chandra Chattopadhaya in lieu of kabala executed a deed of usufructuary mortgage fo......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ...... Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar Roy and others…………....Respondents Judgment......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ..

Category: Property Law | Date: | Hits: 23

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....hellip;………………...Respondent Judgment April 4, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Appellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Mesbahuddin Ahmed ....................Appellant Vs. M/s. James Finlay……………………&hellip......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33

St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)

.... Bivash Chandra Biswas, Advocate-on–Record- For the Petitioner. Rafiq-ul-Huq, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ajmalul Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For Respondent No......s therefore no cogent rea­son to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......d Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents ......s therefore no cogent rea­son to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..

Category: Business or Commercial Law | Date: | Hits: 110

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....uq, Advocate-on-Record-For   the Appellant.             Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No. 186 of 2000 (From t......d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... Appellate Division (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank ..................................Appellant Vs. Md. Zalaluddin and others ……….....Respondents Judgment ......d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ..

Category: Administrative Law | Date: | Hits: 104

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....ch 21, 2007. Case Referred To- Siddique Vs. Bhupendra Narayan, 13 DLR (Dacca) 544. Lawyers Involved: A.H. M. Mushfiqur Rahman Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instruc......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......ppellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....t stated that the Mutwalli had already transferred .384 acres of land by way of gift to Sahera Khatun in 1954 and the Mutwalli before enrolment transferred the rest land to Sultana Parvin and Shawkat Hossain and thereafter filed application for permission to sell the same. The Inspector proposed to ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......pellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ammen J Mosammat Parveen Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..

Category: Tenancy Law | Date: | Hits: 155

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

....verseas employment and other subordinate officials of BOESL namely Mr. Obaidul Haque Chowdhury (General Manager) Md. Shahidul Huq Chowdhury (Asst. General Manager, Foreign Employment) Mr. Mosarraf Hossain, (Manager, Foreign Employment), Mr. Enamul Haque (Manager, Accounts) participated with him ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Re......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..

Category: Employment/Service Law | Date: | Hits: 71

Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)

....IV ADC (2007) 870. ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civi......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..

Category: Banking Law | Date: | Hits: 112

Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866.  ......eported in: IV ADC (2007) 866.  ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Hemayet Ali Shaikh and others…......Petitioners Vs. Ramesh Chandra Mondal and others......Respondents Judgment April 24, 2006. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866.  ..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

....pellant Vs. Rabaya Begum & another ........Respondent Judgment May 24, 2007. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Md. Mozaffar Hossain, Senior Advocate instruc......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......te Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent Judgment May 24, 2007. ......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..

Category: Property Law | Date: | Hits: 27

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Boalkhali Sirajul Islam College........Petitioner Vs. Al-haj Ahmed Hossain Chowdhury and others.......Respondents Judgment April 25, 2006. Lawyers......e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Boalkhali Sirajul Islam College........Petitioner Vs. Al-haj Ahmed Hossain Chowdhury and others.......Respondents Judgment April ......e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..

Category: Property Law | Date: | Hits: 53

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....ffirmed by one Li Tze Keung, claiming him as the managing director of the company, was then filed contents of which were however subsequently corrected by two supplementary affidavits affirmed by one Hossain M. Zahedi on the basis of power of attorney of said Li Tze Keung, wherein prayer was made fo......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ...... This Case is also Reported in: IV ADC (2007) 855. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....ants Vs. Jotish Chandra Sikder and others.....Respondents Judgment December 6, 2005. Lawyers Involved: Meher Kanti Majumder, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Abdus Salam Khan, Senior Advocate, instructed......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Jagabandhu Sarker and others .......Appellants Vs. Jotish Chandra Sikder and others.....Respondents Judgment December 6, 2005.......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..

Category: Property Law | Date: | Hits: 19

Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)

....eported in: IV ADC (2007) 834. ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abul Hossain and others .........Appellants. Vs. Abdul Hamid Mandal and others .....Respondents. Judgment May 20, 2007. ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..

Category: Property Law | Date: | Hits: 30