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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

....ent of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafi...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... DLR (AD) (2008) 7. ......uch owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafique-ul Huq, Seni..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....enior Advocate, Khandaker Mahbubuddin Ahmed, Senior Advocate with him), instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record. — For the Appellant. M. Nurullah, Attorney-General, (Hasan Arif, Deputy Attorney-General with him) instructed by B. Hossain, Advocate-on-Record.— For Respondent No...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The ap......ndsari Vs. State of Uttar Pradesh AIR 1981 (SC) 873 (880); M/s. Sukhanandan Saran Dinesh Kumar V. Union of India AIR 1982 (SC) 902 (911); Kazi Mukhlesur Rahman Vs. Bangladesh 26 DLR (SC) 44: Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634); All India Bank Employees Association V. The ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....�………………(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Appellant B. Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record. — For the Responde......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con......…(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Appellant B. Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record. — For the Respondent (State) Cr..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....such declaration without examining at least one witness to prove the declaration and the circumstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Commissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakist......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......aq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellants (In both the appeals) A. W. Bhuiyan, Additional Attorney-General, instructed by M. R. Khan, Advocate-on-Record— For the Respondent Nos. 1-3(In both the app..

Category: Property Law | Date: | Hits: 32

Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)

....ain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Wasim Mia...................................Petitioner vs The State, represented by the Deputy Commissioner, Netrokona…………..Respondent Judgement: ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......e instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....Ruhul Amin J Amirul Kabir Chowdhury J Md. Nurul Amin………………………...Petitioner vs The State represented by the Deputy Commissioner, Pabna.....Respondents Judgment November 28, 2005. Lawyers......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 163......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

....nbsp; Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1,...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......k, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) ...... Tk. 40,000/- from Tk. 1(one) lac in default to suffer Rigorous Imprisonment for 3(three) months. 2. The facts, in brief, leading to the leave petition are that the petitioner was serving in Dhaka General Post Office as a leadgerclerkand in the said post office an ordinary savings accounts in the..

Category: Criminal Law | Date: | Hits: 50

Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)

....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State………&h......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 48

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respon..

Category: Civil Law | Date: | Hits: 119

Abul Hashem Vs. State, 2006, 35 CLC (AD)

....J. R Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abul Hashem..........................Petitioner Vs. The State represented by the Deputy Commissioner, Cox's Bazar...........Respondent Judgment March 7, 2004. ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ...... Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by the High Court Division in Criminal Appeal No. 1250 of 1996) ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

.... to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger directorate Bangladesh water Development Board, Dhaka (appe......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C...... by ignoring the fact that the higher pay scale was found to have been obtained by illegal and collusive practice. 7. It has been lastly argued by the appellants that section 21 of the General Clauses A. T. authorizes an authority to make an order and it also authorises power to canc..

Category: Employment/Service Law | Date: | Hits: 55

Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)

....77. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measuring 0.70 dec......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May 17, 2005. Lawyers Involved: ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Property Law | Date: | Hits: 39

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....d by such general or special instructions as may be given to it by the Government from time to time. He further submits that at the relevant time the post of secretary of the TCB was vacant and the Deputy Secretary (Administration) was allowed to hold the current charge of the post of Secretary,......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

.....Respondents Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent.......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents...... Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal..

Category: Criminal Law | Date: | Hits: 27

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... Let the accused-petitioner.1 Samar Uddin 2. Asrat alias Asarat Ali, both sons of Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......Court Appellate Division (Criminal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……&hellip...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....nt August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... Deputy Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of ......st 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (In Crl. A. No. 1..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

.... Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o...... October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal ..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of......e sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions..

Category: Criminal Law | Date: | Hits: 29

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

..............Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawye......ant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat ..

Category: Criminal Law | Date: | Hits: 29

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