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Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents ......azlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitio...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayu..

Category: Property Law | Date: | Hits: 24

Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)

....d in: 11 MLR (AD) (2006) 416. ......Secretariat, Sher-e-Bangla Nagar, Dhaka and others…………………..... Respondents Judgment January2, 2005. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ...... (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Abdur Razzaque............................................... Petitioner Vs. The Chief Election Commissioner, Election Commission Secretariat, Sher-e-Bangla Nagar, ..

Category: Election Law | Date: | Hits: 116

Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)

.... below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......(Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgme..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....l. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......he will have to prove that the notice of the previous suit was not served on him, and this non-service was due to the fraud of the plaintiff in the previous suit". 21. In the case of Khan Saheb M. Abdul Khaleque Sowdagar Vs. Majutar Rahman Khan and another reported in Pakistan Law Reports (Dhaka ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cas..

Category: Property Law | Date: | Hits: 38

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ioner vs State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur ......2-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was cutting paddy the accused being armed with leza, ramdao,......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....nbsp;      March 21st, 2006  Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner. Abdur Razaque Khan, Additional A......Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J        Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Re......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents..

Category: Constitutional Law | Date: | Hits: 221

Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)

....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......at in the aforesaid confessional statement he involved other co-accused appellants and also there is corroborative evidence of the witnesses including PW 9 Abdur Rahim, PW 12 Amir Mridha and PW 13 Abdul Barek and, as such, according to the learned Deputy Attorney-General, the judgment does not s......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)

....oner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on....... ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......ivision (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5,..

Category: Property Law | Date: | Hits: 38

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....guilty of the offence……………………………(13) Lawyers Involved:  Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Attorney-General with him) instructed by Md. Ahsanullah Patwary, Advocate-on-Record—For the Appellant. Abdul Baset Majumder, Senior Advo......rs Involved:  Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Attorney-General with him) instructed by Md. Ahsanullah Patwary, Advocate-on-Record—For the Appellant. Abdul Baset Majumder, Senior Advocate (Mr. Subrata Chowdhury, Advocate with him) instructed by Mrs. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re..

Category: Criminal Law | Date: | Hits: 184

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....ach, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......gment. 4. The facts  revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abdul Gafur She......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......Pakistan (hereinafter the referred to as "Company") and the Companies had its registered office at 99 Motijheel Commercial Area, Dhaka. Initially, the Company had three share-holders viz. Abdul Aziz, Abdus Sattar Abdus Salam and Marium Sattar, the 2 (two) sons and wife of Abdus Sattar. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......esent: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....1 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 ...... A. T. Mridha's case; 38 DLR (AD) 38 Abdus Sattar vs. Stole; 7 DLR (FC) 291 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. Sta......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry o..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....venge. The informant found one pair of plastic sandal in the room of his parents which belonged to accused Dablu. The informant raised alarm whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many ......or sustaining the conviction. Hence the appeal is allowed and the accused be acquitted ………(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Ad...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: ..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......ing day; his mother Halima Khatun, the deceased, was cooking in the adjacent north­ern room of the same hut. At that lime, the appel­lants, Abul Kashem, Saleh Ahmed, Monoranjan Kuri, Abul Kalam and Abdul Kader variously armed with kirich, sendao, ramdao, entered the room through the open door and ......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Abul Kashem and oth­ers............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 198..

Category: Criminal Law | Date: | Hits: 57

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....as not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the App......im’s abdomen and also shouted putting him to death. Thus conviction under section 302 of the Penal Code against this accused is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumst...... abdomen and also shouted putting him to death. Thus conviction under section 302 of the Penal Code against this accused is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance o......989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh House Build­ing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment Jan......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ...... Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh House Build­ing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment..

Category: Property Law | Date: | Hits: 41

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....D) 157. ......ult: The appeal is al­lowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din...................Appellant Vs. The State....................................................... Respondent Judgment N..

Category: Criminal Law | Date: | Hits: 59

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

....ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......sed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......27..

Category: Criminal Law | Date: | Hits: 45

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8)   Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t...... also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu..

Category: Criminal Law | Date: | Hits: 61