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Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

.... July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants  Md. Aftab Hossain Advocate-on-Record. - For the Respondent Civil Appeal No. 96 of 1998. Judgme......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

.... Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocat...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additio...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....s Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants  Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record- For Respondent No.1 Ex-parte- For Respondent Nos. 2-20  ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

.... Lawyers Involved: Shaheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Appellant  Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 45 of 1999. Judgmen......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

....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...... 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. ......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. ...... 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. ..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....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......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: ......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......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: ..

Category: Limitation Law | Date: | Hits: 156

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....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. ......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. ......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)

....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- ......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. ...... (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. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....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......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. ......, 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. ..

Category: Criminal Law | Date: | Hits: 129

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....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,......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. ......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 ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....earned Advocate-on- Record for the petitioners. The petition is dismissed. 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. ...... (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......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. ..

Category: Property Law | Date: | Hits: 34

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....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......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. ......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......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. ..

Category: Civil Law | Date: | Hits: 111

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....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......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. ......1) 21. ......tition of the afore­mentioned miscellaneous case, being Miscel­laneous Case No 337 of 1973 and the order said to have been passed in the miscellaneous case before the Assistant Commissioner (Land), Mirzapur for correction of the record of rights in their favour and thereupon notice was served on t..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....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. ......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. ......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)

....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. ......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. ......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)

....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 ...... 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. ...... (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......18; Lebu Miah V. 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 ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....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......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.......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 ......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...

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....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......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. ......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......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. ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....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......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 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......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 ..

Category: Election Law | Date: | Hits: 124

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....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......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. ......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......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. ..

Category: Procedural Law | Date: | Hits: 84