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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....s also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain Chowdhury and other……………….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....5.10.197 for which Dhanmondi P. S. Case No. 42 dated 15.10.1997 was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesai......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judg......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)

....alim Uddin and another…………………………Respondent Judgment June 13, 2004. Lawyers Involved: Kazi Shahadat Hossain. Senior Advocate, instructed by Md. Nawab AH, Advocate-on-Record- For the Petitioner. ...... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ......usain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Harun-or-Rashid @ Harun………………………Petitioner Vs. Md. Halim Uddin and another…………………&helli...... giving our considera­tion to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

.... The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Shamim Khaled Ahmed, Advocate, instructed by......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mohammad Junayed Quader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 94

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate, instructed by Sharifud...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Chowdhury J Abdul Wahed ........................................Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant Sk. Razaque Ali, Senior Advocate, instructed by A.K...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Present: Md. Md. Ruhul Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represent­ed by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

.... No.3 all the relevant appli­cations particulars, statements, photos, declara­tions for sponsors shares in the name of the petitioners and also their daughter Mahmuda Siddique and son Muhammad Asif Hossain and declarations to the effect as to agree to work as Director in the proposed Jamuna Bank L......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

.... (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashio......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......pellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

.... (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment November 18, 1997. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instruc...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......i Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) Yunus Ali.....................................Accused Appellants (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment Novem...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)

....llip;…………………..Respondent Judgment August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandk......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ...... M.M. Ruhul Amin J Amirul Kabir Chowdhury J Rokanuddin Sheikh ……………………………….Appellant Vs. The State…………………………......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......on (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 55

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

.... those barrles were loot­ed by dacoity from Banibaha Bazar and kept in Ali Akbar's shop, that they found another 27 barrels and some other empty barrels in Ali Akbar's shop and also found Abul Hossain a close man of Ali Akbar, sleeping in the shop, that on getting information, the local chai......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

....l) Present: Md. Ruhul Amin J M.M. Ruhui Amin J Md.Tafazzul lslam J Bangladesh Shipping Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 200...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...........Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

....smissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

.... Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sigma Huda, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respondent Nos......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ...... Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Responden......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....remises in suit, the plaintiff forfeited her right of taking possession upon ejectment of the tenant. In sup­port of the aforesaid contention the learned Counsel has referred to the case of Mustaque Hossain vs. Md. Shajahan Miah and another reported in 57 DLR (AD) 60. In the reported case section 1......ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. La......ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

....………………Respondents    Judgment March 16, 2006 Lawyers Involved: Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Resp...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..

Category: Procedural Law | Date: | Hits: 105

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

....4); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for Leave to Appeal No. 26 of 1992. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate- on-Record-For the Appellants Mohammad Nazrul Islam, Senior Advocate, inst...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 113

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....udassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Runu Akhter.................... ...........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Refer...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ......Miscellaneous Case No. 4662 of 2003 affirming those dated 8.2.2003 of the Metropolitan Additional Sessions Judge, First Court, Dhaka in Metropolitan Criminal Revision No. 15 of 2002 arising out of Mirpur P.S. Case No. 76(8) 2001 under section 302/34 of the Penal Code allowing revision and revers..

Category: Criminal Law | Date: | Hits: 31

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J The State…………………...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawye......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 68