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Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Alt, Advocate-on-Record- For Respon...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 200...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Rokanuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respond......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....nt June 25, 2006 Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In C.P. No.1735 of 2005) Dr. Kamal Hossain, Senior Advocate (Sara Hossain, Advocate with him) instructed by Sufia Khatun, Advocate-on......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..

Category: Property Law | Date: | Hits: 31

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

.....Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the ju......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

.... on the death of Fatema Bibi  Abdul  Barek, Hayatunnessa, Daulat Bi, Mohor Bi and Ratan Bi sold their interest to Zeon Bibi who died leaving son Awlad Hussain who died leaving sons Taleb Hossain and Monir Hossain, that Taleb Hossain died leaving the plaintiff and the brother Monir Hoss......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....l Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Moinul Huq, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Asrarul Hossain, Senior Advocate (CSS Halder, Senior Advocate with him) instructed by Ranesh Chandra Maitra,......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......hahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its At­torney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……………………..…..Respondent Judgment May ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....to be set aside as a whole. Fresh Notification may be made on completion of the election in Ward No.1……………(6 & 7) Lawyers Involved: Zakir Ahmed, Advocate in­structed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Shahid Alam, Advocate in­structed by Sharifud......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secr......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

.... nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appel­lants. B. Hossain, Deputy Attorney-General instruc......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Syed Ali Mir and another......………………….........Accused-Appellants Vs. Syed Omar Ali and another.... ...……………...........Respondents Judgment May 13......ashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....auchope (1819) 1 Bligh 1 (21): Douglas Menzies Vs. Umphelby 1908 AC 224 (232); PLD 1971 (SC) 376(390-391); Ganges Manufacturing Co. Vs. Sourajmull, ILR 5 (Cal) 669. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Shah Abu Nayeem Mominur Rahman, Advocate with him), instructed by Sharifud......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repre­sented by its Chairman & others..........gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment Janu...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

Abul Khair Vs. State, 2005, 34 CLC (AD)

....t and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....ue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners   Md. Nawab Ali, Advocate-on-Rec......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

.........Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved:  A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Mustafa Niaz Mohammad, Advocate instructed by Md......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ed in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Biseruddin Sardar & others………….....Appellants Vs Md.Tofazzal Hossain Biswas & others………Respondents Judgment December 13, 2004. The Evidence......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....awab Ali, Advocate-on-Record- For the Appellants. Khandaker Mahbubuddin Ahmed, Senior Advocate, (M.I. Farooqui, Senior Advocate and Abdul Quayum, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......Wahidun Nabi and another………………...Appellants Vs Jatindra Mohan Roy and others………...Respondents Judgment August 2, 2004. Cases Referred To- Sheikh Rahmat Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and an......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... in the year 1965 the petitioner joined in the police department as a temporary constable and in the Service Roll he stated that his name is K.M. Md. Shamsul Alam and his fathers name is K.M. Zahid Hossain and his date of birth is 1940 and the Survey Form of National Education Survey, 1999 of Ed...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate inst...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....ed findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the ReÂ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J M A Wahab, Advocate..…………..............Petitioner Vs. The State...................……………............Respondent Judgment August 30,......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....s………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. S R Pal, Senior Advocate (Tofazzal Islam, Advo......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgme......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....cial Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by M. Nowab Ali, Advocate-on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For th......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kamruzzaman................................Appellant Vs. The State...........................……....Respondent Judgment July 19, 1990. Re......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..

Category: Criminal Law | Date: | Hits: 58

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....ated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Aftab Hossain, Advoc......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218....... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment Ju......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...

Category: Election Law | Date: | Hits: 146