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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......ul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Samsuddin Nakib and others…………………………..Petitioners Vs. Syed Fakruddin Ahmed and others...........Respondents Judgment January 8, ......The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..

Category: Property Law | Date: | Hits: 34

Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ferastullah Sarder being dead his heirs: Altaf Sarder and others......Petitioners (In both the cases) Vs. Md. Mobarak Ali Gazi and others…........Respondents (In both the cases) Ju...... Ed. This Case is also Reported in: VI ADC (2009) 456. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..

Category: Property Law | Date: | Hits: 22

Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

....bered as Criminal Revision No. 352 of 1999. The learned Judges of a Division Bench of the High Court Division without issuing Rule and that also without hearing the Respondent Nos. 3-9 as well as the State disposed of the application on 15-6-1999 granting full relief sought in the revisional applica......inal) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Khurshida Begum and another...............................Appellants Vs. Golam Mostafa and others ………………...Respondents. Judgment December 11, 2001......peal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...

Category: Criminal Law | Date: | Hits: 37

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

.... Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and another................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases R......Chowdhury J Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and another................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004......ia Khatun, Advocate-on-Record - For the Appellants (in both the appeals) Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Sajjadul Haq, Advocate-on-Record - For the Respondent in both the appeals) Criminal Appe......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....DC (2005) 867. ......nal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J The State………………....Appellant Vs. Nuru Mira.............Accused-Respondent Judgment May 16, 1993. Law...... Lawyers Involved: M. Shamsul Alam, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. A. K. Badrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. ......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ..

Category: Criminal Law | Date: | Hits: 44

Abdus Sobhan Vs. Faruque Ahmed @ Sunan and oth­ers, 2004, 33 CLC (AD)

....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......ate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Abdus Sobhan.................................Appellant Vs. Faruque Ahmed @ Sunan and oth­ers ...........Respondents Judgment Marc......nvict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..

Category: Criminal Law | Date: | Hits: 29

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Ju......y;ed by Shamsul Haque Siddique, Advocate-on-Record - For the Appellant. B. Hossain, Deputy Attorney General, (Sharifuddin Chaklader, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - Respondent Nos. 2-3. Not Represented - the Respondent.......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..

Category: Administrative Law | Date: | Hits: 110

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

.... by the High Court Division on 8.4.96 making the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by responden......ivil) Present: ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J  Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

....ntiff-respondent Nos. 1-12, submits on the other hand that a right of way also includes such ancillary right as the right to use the sub-soil. He relies upon sec­tions 3(4) (a) and 44(1) of the State Acquisition and Tenancy Act, Gale on Easements, 13th Edition, page 39, Halsbury's Laws of En...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994...... also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..

Category: Procedural Law | Date: | Hits: 64

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahida Begum and ors...............Respondent ......005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..

Category: Property Law | Date: | Hits: 34

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......llate Division (Criminal) Present: Syed JR Mudassir Husain C J MA Aziz J Amirul Kabir Chowdhury J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and anoth­er................Respondents Judgment Januar......C (2005) 798. ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)

....orted in: II ADC (2005) 790. ...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………………….Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. ......ent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..

Category: Criminal Law | Date: | Hits: 44

State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)

....his Case is also Reported in: II ADC (2005) 788. ...... (Criminal) Present:  Syed JR Mudassir Husain CJ M A Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla………………...Appellant Vs. Kamal Uddin @ Pichchi Kamal.........Respondent Judgment January 10, 2005. Result: ......Vs. Kamal Uddin @ Pichchi Kamal.........Respondent Judgment January 10, 2005. Result: The appeal is dismissed. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assistant Attorney General, with him) instructed by Ahsanullah Patwary, Advocate...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ..

Category: Criminal Law | Date: | Hits: 47

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....vision (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and anoth­er.........Respondents Judgment July 27, 2002. Lawyers I...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and anoth­er.........Respondents Judgment July 27, 2002. ......minal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..

Category: Criminal Law | Date: | Hits: 50

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....on and ors.......Respondents. (In Civil Appeal No. 65 of 1992) Judgment February 8, 1994. Cases Referred to- Zainal Abedin Vs. Bangladesh 34 DLR (HCD) 77; B.S. Yadav Vs. State of Haryana AIR 1981 SC 561; Bishun Narain Vs. State of U.P. AIR 1965 SC 1567; J. Kumar Vs. Un...... Latifur Rahman J M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992)......Ali, Advocate with him) instructed by Shamsul Hague Siddique, Advocate-on-Record - For the Appellant (In Civil Appeal No. 65 of 1992) A. W. Bhuiyan, Additional Attorney General instructed by Md. Sajjadul, Advocate-on-Record - For Respondent Nos.1-3 (In Civil Appeal No. 14 of 1992) ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and oth­ers...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28,......lants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyers Involved: Moksudur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Khandker Mahbubuddin Ahmed inst......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

.... Md. Tafazzul Islam J Md. Abdul Matin J Aminul Islam @ Saheb Mia and others………………………Petitioners Vs The State……..........Respondent Judgment June 15, 2008. Lawyers Inv......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......tion is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......ccused Zahurul dealt lathi blow on his head and accused Sahidul and Azahar also dealt lathi blow on his chest and back causing injury; when witness Khairul came for­wards accuseds Nurul Islam, Firoj, Fajilar, Saidul and Zulhas assaulted him with lathi whereupon he felt down on the ground and..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

.... Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Mirzajul Sheikh………………………..Petitioner Vs The State……………………………&hellip......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ...... This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..

Category: Criminal Law | Date: | Hits: 86

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Samarendra Nath Das (Nalu) and others ………………Petitioners Vs. Md. Atique and others……………………&hel...... without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..

Category: Criminal Law | Date: | Hits: 41

Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)

....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ...... This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..

Category: Criminal Law | Date: | Hits: 50