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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 ......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. ..

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. ......ed in: 11 MLR (AD) 2006, 50. ..

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 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: ..

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. ......Wahidun Nabi and another………………...Appellants Vs Jatindra Mohan Roy and others………...Respondents Judgment August 2, 2004. Cases Referred To- Sheikh Rahmat Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and an..

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.   ......fs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14)  Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and o..

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. ......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. ..

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 ...... Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate inst..

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...... Present: Shahabuddin Ahmed 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 Judgme..

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......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment Ju..

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. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... 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......on (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sk. Shamsur Rahman @ Shamsu........................Accused-Appellant Vs. The State............................……………………………....Respondent Judg..

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. ...... 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. ..

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. ......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. ..

Category: Banking Law | Date: | Hits: 101

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

.... no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

.... reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......n. The appeal is dismissed. Ed. ......te Division (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Di­rector, Engineer and Consultants (Bd) Ltd. (BCB..

Category: Criminal Law | Date: | Hits: 74

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury J Arch Limited and others……………Appellant Vs. Zillur Rahman Chowdhury and others.....................Respondent (In Civil Petition No. 1049 of 2004) Md. Mojibur Rahman and others.....................Respondent (In Civil Petition No. 1434 of 2004) ......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... M. Zahir, Senior Advocate, (Rokonuddin Mahmud, Senior Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In both the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent N...... ..

Category: Business or Commercial Law | Date: | Hits: 109

A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....he High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......evision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......ted in: ..

Category: Civil Law | Date: | Hits: 116

Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)

....dgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24

Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)

....appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ported in: 12 MLR (AD) 105. ......vil) Present: Md. Ruhul Amin J MM Ruhul Amin J Ershad Ali Howlader died leaving behind the following heirs: Nazrul Islam (Babul) and others .................................Appellants Vs. Santi Rani Dhupi and others.............Respondents Judgment October 19, 2006. Resu..

Category: Property Law | Date: | Hits: 53

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

....al. Ed. ...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ...... Present: Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Badshah Alam ...................Petitioner Vs. Md. Shahidul Islam & others……………..........Respondents Judgement ......ivision (Civil) Present: Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Badshah Alam ...................Petitioner Vs. Md. Shahidul Islam & others……………..........Responde..

Category: Election Law | Date: | Hits: 111

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......Oil Mills Ltd..................Petitioner Vs Wilmer Trading (Pvt.) Ltd. & Ors...........Respondents Judgement July 10, 2006 Lawyers Involved: Mahamudul Islam, Senior Advocate, (Amin Uddin, Advocate with him) instructed by A.K. M. Shahidul Huq, Advocat......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121