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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....d. ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) Judgement June 25, 2006 Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In C.P...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and oth­e..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......he appeal is dismissed with cost of Tk. 5, 000/-. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....hout any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....d no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......rdingly the appeal is dismissed with­out costs. Ed. ......d with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....72 of 1989). Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate, with him) instructed by Mr. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 5 (In Civil Appeal No. 72 of 1989). Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.7 (In Civil Appeal No. 72 of 1989). ......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......nu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repre­sented by its Chairman & others.....…Respondents Salma Islam.……………………………………………………………….....Appellant Vs. ......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....lternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advo­cate (Mahbubey Alam, Advocate with him) instruct­ed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. M. Zahir, Senior Advocate instructe...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......s-examination he admitted that he knows Mr. Rezaur Rahman who personally came to their office and paid rents in respect of property of Zohura Khatoon (defendant No.1), the recorded tenant. PW 4 Nurul Islam, an Assistant Branch Manager of Jiban Bima Corporation of Agrabad, Chittagong, deposed that he...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu..

Category: Property Law | Date: | Hits: 50

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....here is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ssed. Ed. ......in J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....ppellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......y in connection with any other case. Ed. ...... of 2003 Judgment:                   Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea..

Category: Criminal Law | Date: | Hits: 52

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....e perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......n Faiz Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants   Shamsul Hoque, Advocate (appeared with the leave of the Court) instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent Civil Appeal No. 317 of 2001 ...... Judgment:                    M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3..

Category: Property Law | Date: | Hits: 35

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....e appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......owed without any order as to costs. Ed. This Case is also Reported in: ......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No...

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

.... is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......fendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

....etition is dismissed. Ed.   ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ..

Category: Business or Commercial Law | Date: | Hits: 100

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

.... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......missed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......cision. The petition is dismissed. Ed ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang..

Category: Employment/Service Law | Date: | Hits: 82

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....gether, for, the same relief can be had under both the Articles………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ....... IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. S R Pal, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record — For the Respo......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ..

Category: Banking Law | Date: | Hits: 117

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... non-compliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale………………(8) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Hoque, Advocate-on-Record—For the Peti­tioner......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Re­spondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989...

Category: Banking Law | Date: | Hits: 94

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....amp; 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. B.Hossain, Deputy Attorney-General instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (State). Criminal Appeal No. 3 of 1989. ...... at the house before he was tak­en to the Hospital. PW 2 Salahuddin Ahmed, the other brother of the deceased who also allegedly heard of the occurrence from the deceased, was merely ten­dered. PW 3 Nazrul Islam attested the dying declara­tion Ext. 1 and reproduced the facts in his evidence as sta...... house before he was tak­en to the Hospital. PW 2 Salahuddin Ahmed, the other brother of the deceased who also allegedly heard of the occurrence from the deceased, was merely ten­dered. PW 3 Nazrul Islam attested the dying declara­tion Ext. 1 and reproduced the facts in his evidence as stated the......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ..

Category: Criminal Law | Date: | Hits: 44

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

.... of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ...... learned counsel could not point at any illegal­ity or infirmity in the decision of the High Court Division so as to call for any interfer­ence. The petition is dismissed. Ed. ...... The petition is dismissed. Ed. ......Amin J   Md. Tafazzul Islam J Kazi Forhad Hossain (Munna)…………….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….....Respondent Judgment    August 29, 2006 ..

Category: Criminal Law | Date: | Hits: 39

Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)

....rom any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... The petition is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Di­rector and another …&hellip..

Category: Banking Law | Date: | Hits: 101