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Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

....Uddin Chowdhury by a registered kabala dated 15.10.1982 and delivered possession thereof in favour of the transferee. The defendant filed Miscellaneous Case No. 63 of 1982-83 before the Additional Deputy Commissioner (Revenue) Sylhet under Section 54 of the State Acquisition and Tenancy Act for ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......cted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006  passed  by  the High Court Division in Civil Revision N......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..

Category: Property Law | Date: | Hits: 30

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

....ition No. 357 of 2006). Md. Ishaque...................Respondent (In Criminal Petition No. 358 of 2006). Judgment August 19, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioners (In ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006). Md. Amjad Hossai...... 2006). Md. Ishaque...................Respondent (In Criminal Petition No. 358 of 2006). Judgment August 19, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioners (In all the cases). ..

Category: Criminal Law | Date: | Hits: 36

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......late Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allo......Petitioner. Mahmudul Islam, Senior Advocate and Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No. 1. Munsur Habib, Additional Attorney-General instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. ..

Category: Criminal Law | Date: | Hits: 67

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......preme Court  Appellate Division  (Civil)  Present:  Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J  Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants  Vs.  Bangladesh and others………â......Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. (In Civil Appeal No. 143 of 2004 with Civil Appeal No. 145 of 2004).  Salahuddin Ahmed, Additional Attorney-General, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants (In Civil Appeal No. 14..

Category: Criminal Law | Date: | Hits: 59

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

....Dacca 75 = 13 DLR 657; South Indian Manufacturing Co. Madura AIR 1958 Bombay 56 (V 45 C 21) and Societe De Fabrication Et De Distribution De Parfumeric Et Costnetique (Diparco) Societe Anonyme vs. Deputy Registrar of Trade Marks, Government of Pakistan PLD 1979 Karachi 83; KR Chinna Krishna Chet......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....eal No. 359 of 2002). Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioner (In Civil Petition No. 420 of 2003) MA Azim, Deputy Attorney-General, instructed by Ibrahim Khalil, Advocate-on-Record — For Respondent No......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mamunur Rashid Mamun and another……….........Appellants Vs. Bangladesh and others&helli......002). Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioner (In Civil Petition No. 420 of 2003) MA Azim, Deputy Attorney-General, instructed by Ibrahim Khalil, Advocate-on-Record — For Respondent Nos. 1-6 (In Civil..

Category: Criminal Law | Date: | Hits: 43

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......so Reported in: 60 DLR (AD) (2008) 152. ......s of the said subsequent notification against the respondent Nos.2-8 are illegal. 30. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the respondents, has referred to section 21 of the General Clauses Act which runs as under: "21. Power to make, to include power to add to, amend, ..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AIR 1979 SC 677. Lawyers Involved: Fida M Kamal, Attorney-General, (Zahirul Islam Mukul, Deputy Attorney-General with him) instructed by Md Zahirul Islam, Advocate-on-Record—For the Appe......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J  Md. Hassan Ameen J Md. Abdul Matin J   Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......(Madras); MK Gopalan vs. State of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AIR 1979 SC 677. Lawyers Involved: Fida M Kamal, Attorney-General, (Zahirul Islam Mukul, Deputy Attorney-General with him) instructed by Md Zahirul Islam, Ad..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)

....30 of 2003) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh repre­sented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o...... Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal No. 33..

Category: Property Law | Date: | Hits: 23

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......s Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 ......LR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 MLR (AD) 301. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by A.S.M. Khalequzzaman Advocate-on-record - For the Appellant. Abdur Ra..

Category: Criminal Law | Date: | Hits: 38

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

.... Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahirul Hague Zahir, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant Ex......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahi...... August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahirul Hague Zahir, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant Ex parte-the Resp..

Category: Criminal Law | Date: | Hits: 24

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

........................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants (I......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......ellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Inv..........Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants (In both appeals)...

Category: Criminal Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....aggrieved by the said judgment dated 13.7.2000. 12. After receiving the aforesaid judgment of the Appellate Division passed in Criminal Petition No. 220 of 2000, the State represented by the Deputy Commissioner, Dhaka and the Officer-in-charge, Motijheel Police Station filed the Criminal R......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......t: Md. Ruhul Amin CJ  Mohammad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motij......is an error on the face of the record and needs to be reviewed. He next submits that this Division while giving the aforesaid judg­ment appears to have failed to consider the statements made in General Diary No. 2474 dated 28.3.2002 by the respon­dent No. 1 which is inconsistent with his ..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)

....eme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Government of People's Republic of Bangladesh, represented by the Deputy Commissioner and others, Satkhira ..............Petitioners Vs. Md. Abdus Sal......we find no cogent rea­son to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Government of People's Republic of Bangladesh, represented by the Deputy Commissioner and others, Satkhira ..............Petitioners Vs. Md. Abdus Salam........................rs Vs. Md. Abdus Salam.....................................Respondent Judgment June 18, 2006 Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)

.... Md. Atiar Rahman Mollah..........Respondent Judgment          February 12, 2006. Lawyers Involved: Moshfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. N......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ......azzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others ...................Petitioners Vs. Md. Atiar Rahman Mollah..........Respond...... Rahman Mollah..........Respondent Judgment          February 12, 2006. Lawyers Involved: Moshfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......bsp;  Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 200...... Vs. Md. Aftab Uddin Fakir...........Respondent Judgment May 24, 2006.      Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary,   Advocate-on-Record-For the Petitioners. ..

Category: Administrative Law | Date: | Hits: 115

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

....ppellate Division (Civil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......ivil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment     &nb...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..

Category: Property Law | Date: | Hits: 28

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:...... not challenge the service of sum­mons which were sent through registered post and sending of summons through registered post has got strong legal presumption of service under section 27 of the General Clauses Act; it is an admitted fact that the husband of the defendant No.1 some time in th..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....de the Miscellaneous case but the Revenue Authority at the upazila level directed the plaintiff to file appeal as against the order and accordingly, the plaintiff filed appeal before the Additional Deputy Commis­sioner (Revenue) but the same was dismissed. Thereafter plaintiff filed appeal in......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..

Category: Property Law | Date: | Hits: 31

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

....(AD) 102; 2001 BLD (AD) 236; 44 DLR 242; 2003 BLD 158; Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151; Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 44 DLR 242; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 2003 BLD 158; Falguni Majumder Vs Mokbul Hossain Biswas ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......so Reported in: 12 BLC (AD)(2007) 25. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..

Category: Trust/Waqf Law | Date: | Hits: 199