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Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......pondents Judgement February 17, 2004. Lawyers Involved: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Aftab Md. Hossain, Advocate -on-Record-For Respondent Nos. 1-3 & 5-17. Ex-parte- For Respondent N......Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Abu Hanif Mia and others…………Appellants Vs. Kad Banu and others........Respondents Judgement February 17, 2004. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......din, Akmal Husain and Amjad Husain. 3. The plaintiff's predecessor remained in possession of rest 75.60 acres of land: that upon subsequent devolution the plaintiff Nos. 1-8 as the sons of Akmal Hossain and their uncle Amzad Hossain plaintiff No.9 and plaintiff Nos. 11-16 as the heirs of Ansar......preme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referr..Category: Limitation Law | Date: | Hits: 156
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....round of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No.......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....ed. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......d another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawyers Involved: S. S. Haider, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-On-Record- For the Appellant. A. S.M. Khalequzzaman, Advocate-on-Record- ...... (2004) 421. ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....cting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......p;……………..(40) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Faisal H Khan, Assistant Attorney-General, with him) instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbub Hossain, Senior Advoca......, 77. ..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......l Huq and Ahasanul Karim, Advocates with him), instructed by A. K. M. Shahidul Huq, Advocate-on-Record- for the Appellant (In both the cases) Abdul Mannan, Senior Advocate, instructed by B. Hossain, Advocate-on-Record- For Respondent Nos. 6, 8, 11-15, 17, 18, 20, 22, 26-28, 31-34, 37, 38,......ad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents ..Category: Labour and Industrial Law | Date: | Hits: 95
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
.... Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......earned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... (Civil) Present: Syed J.R. Mudassir Hossain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Faruque Reza and another..............Petitioners. Vs. Most.Hossena Ara Begum and others.................Respondents. Judgment M..Category: Property Law | Date: | Hits: 34
....erference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......ing a power of attorney, entrust the petitioner to perform the function of the shebait on his behalf………..(11)
Lawyers Involved:
Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (In all the cases).
Abdul Quayum, Senior Advoc......rth as he went to India with a student visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh Vs. Professor Golam Azam 46 DLR(AD)192 it has been held that a citizen by birth is a citizen of th..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....ind no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......sa 20 DLR 1019; Ajit Kumar Sarkar vs Radhakanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitta Ranjan Das alias Chitta Ranjan Sinha vs Shashi Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with......1) 21. ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....e, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......IR 1949 PC 257; Lutfun Nahar Begum vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526.......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
.... Appellate Division (Civil) Present: Md Ruhul Amin J Md Fazlul Karim J M.M. Ruhul Amin J Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......itioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner Golam Arshed, Advocate, instructed by ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instruct...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......iled and compliance occurs during pendency of the case, pre-maturity of the pre-emption case is thus cured…………………….(9 & 10) Cases Referred to— Noab Mian Bhuiyan. V. Golam Hossain, 13 DLR 889; Muhammad Meher Ali Mondal V. Muhammad Karam Ali Laskar, 17 DLR 365; Muhammad ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....y interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170; Australasia Bank Ltd. Vs. Me......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......ad continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170; Australasia Bank Ltd. Vs. Messrs H.S. Ma......l) Present: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment ..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instr......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instructed by M......al J Mustafa Kamal J Channel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plaintiff-Appellant. Vs. Chowdhury Golam Malek, son of Choudhury Hasan Imam, Proprietor of M/s. Madhumita Bar of 158-1..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record— For the Appellant. Sk. Afzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......ding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record— For the Appel...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ses Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant in both the appeals. M.H. Khandker, Sen......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......ed to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant in both the appeals. M.H. Khandker, Senior Advoca......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Sree Shushil Ranjan Dutta...……………………......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment Februar..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....eferred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. Shafique Ahmed, Advocate, Mesbahuddin Ah......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......er………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment D..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....eferred to- Ready Mixed Concrete (South East) Ltd. V. Minister of Pensions and National Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Banking Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior A......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ational Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Banking Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Ju..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....dence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellan...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......e sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Deputy Attorney-General, instructe......Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moslemuddin Talukder………………...........Accused-Appellant Vs. The State……………………………………………….………...Respondent J..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....e Act is inexorably attracted and it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Co......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......nakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record—For the Appellants. Rafique-Ul-Huq, Senior Advocate (M. Gholam Rab......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintif..Category: Property Law | Date: | Hits: 38
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