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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......uddin Ah­med J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife al­ready on record as Defendant...... Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurja......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 448

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....structed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment:     ...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawye...... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another........ (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ......C) (1973) 90. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..

Category: Others | Date: | Hits: 103

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repre­sented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......llate Jurisdiction (Civil) Present: Hamoodur Rah­man CJ Abdus Sattar J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repre­sented by his heir Sultamed and ors.................ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....rt Division summarily rejecting the revisional application vide, Civil Order No. 2570 of 2001, affirming order dated 21-11-2000 passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka acting as Executing Court in title Execution Case N0.4 of 1992 rejecting the application date...... ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Bulbul Electric Market and others.........................Petitioners Vs. Rupali Bank Ltd. and another...................................... Respondents Ju......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8.  This petition is therefore dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 112

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

....tate of Uttar Pradesh vs. Janaki Saran, AIR 1973 SC 2071. Muhammad Idris and others vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs.  Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Prov. of E. Pak 26 DLR (SC) 7. Lawyers Involved: ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200......ivil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respon...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....e learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any decision of the Government or of the defendant not to trust......nbsp;                 Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants   Vs.   ......p;     Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants   Vs.   Madhumita Cinema Ltd., Comilla and ors……..…&hell......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......udul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…......d. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…………………………….……..Respondents J......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ..

Category: Family Law | Date: | Hits: 192

Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)

....cellaneous Case No. 1436 of 2001 issuing Rule and granting ad interim bail to detenu Lt. Gen. (Ret) Hussain Muhammad Ershad, son of late Mokbul Hossain. House No.8. Road No.62, Gulshan Model Town, Dhaka for one month or till disposal of the Rule whichever is later.   2. The sh......;                  Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents  Judgment      ......p;                      Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents  Judgment &nb......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ..

Category: Criminal Law | Date: | Hits: 66

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

.... of the notices dated 5th November, 1996 and 6th November, 1996 in the respective writ petitions. The notices were issued under sections 94 and 160 Cr.P.C. by the District Anti-Corruption Officer, Dhaka, (respondent No.3 in the respective writ petitions) asking the respective petitioners to appe......oudhury CJ   Md. Ruhul Amin J   K M Hasan J   Abu Sayeed Ahammed J Abu Siddique and anr………..…Petitioner        &......r………..…Petitioner                         Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, ...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

Category: Criminal Law | Date: | Hits: 58

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

.... We have gone through the available materials and it appears that the writ petition was moved with a prayer for issuing Rule upon the respondents to show cause as to why the detenu now detained in Dhaka Central Jail should not be brought before the Court so that it can satisfy itself that the de......bsp; Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs. &nbs......   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs.   Dr. Shamima Sultana Rita…………Respondent ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ..

Category: Criminal Law | Date: | Hits: 65

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....ash;For the Respondent   Civil Petition for Leave to Appeal No. 1045 of 1999.   (From the Judgment and order dated 13-5-1999 passed by the High Court Division, Dhaka in Writ Petition No. 3485 of 1996).   Judgment    ......p;                   Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md......p;       Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md. Shahidullah…………................................. reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....nbsp;      Md. Ruhul Amin J.- This appeal, by leave has been preferred against the judgment and order dated 9th August, 1998 of the Administrative Appellate Tribunal (AAT), Dhaka in Appeal No. 82 of 1997. The said appeal was preferred by the present appellants against th......; Abu Sayeed Ahammed J                         Government of Bangladesh and others. .........................Appellant   Vs.   Md. Sh......nbsp;                Government of Bangladesh and others. .........................Appellant   Vs.   Md. Sharfuddin Mollah...................Respondent   Ju...... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....ociety and started construction of building. 9. The Society having failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction restraining......AD) (2002) 111. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Ruhul Amin J KM Hasan J Director, Housing and Building Research Institute........Appellant Vs. Darus-Salam Co-operative Housing Society Ltd. and others........Respondent Judgment ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....   Civil Appeal No. 84 of 1998.   (From the Judgment and Order dated 9th December,1992 passed by the High Court Division in Civil RevisionNo. 2783 of 1991 (Dhaka)/Civil Revision No. 86 of 1987.(Barisal).   Judgment  &nbs...... Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry...................Appellant   Vs.   Abdul Malek Howlader and ors........... Respondents      Judgment  &nbs......l Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Jitendra Nath Mistry...................Appellant   Vs.   Abdul Malek Howlader and ors........... Respondents    ......smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

.... the nephew (PW 12) of the victims by the light of torch and hurricane.   5. Victims’ brother Saidur Rahman, who at the relevant time was serving in Bangladesh Rifles at Dhaka, was informed by his nephew over telephone on 14th May, 1989 about the incident and he came t......p;   April 7, 2002.   The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239   The real and substantial test for determining whether several offences are connected together so as to form......;                 Delower Hossain Khan .............................Petitioners   Vs.   State....................................................... Responden......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....ng the impugned judgment dated 27-8-1987 passed by the Court of Settlement in Case No. 47 of 1987 and inclusion of the petitioner’s House No. 22, Tinshed, Block-D, Mohammadpur Housing Estate, Dhaka in the Kha’ list of abandoned building published in the Bangladesh Gazette dated 23rd ......a Chowdhury J   Md. Gholam Rabbani J    Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs.   ......   Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs.   Bibi Marium and other.......................................................ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

....         Latifur Rahman J.-This appeal by the appellants by leave is against the judgment and order dated 11-2-1996 of the Administrative Appellate Tribunal, Dhaka passed in Appeal No. 105 of 1993 dismissing the appeal thereby affirming the judgment and ord......hman J   Bimalendu Bikash Roy Choudhury J   AMM Rahman J   Mahmudul Amin Choudhury J   Mahbubur Rahman and others................ Appellants   Vs.   Taslimu...... J   AMM Rahman J   Mahmudul Amin Choudhury J   Mahbubur Rahman and others................ Appellants   Vs.   Taslimuddin Ahmad and others............... Respondents  &nb...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....pondent No. 2 contained in Nathi No. 8(10) Shu: Bha:Pro:1/2000/l290(4) (Annexure-E) should not be stayed till the disposal of Case No. 205 of 2000 pending in the Court of Administrative Tribunal, Dhaka or such other or further order or orders passed as to this court may seem fit and proper.&nb...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10)    Case Referred to-   Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112.   Lawyers Involved- &nb......Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner   Vs.   SM Fariduddin ..................................................................Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..

Category: Employment/Service Law | Date: | Hits: 57