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Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)

.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......of the orders dated 05.01.2011 and 10.01.2011 passed by the Assistant Judge 4th Court, Dhaka in Title suit No. 05 of 2011. 2. It appears that the suit was filed on behalf of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......in J SK Sinha J Saiful Alam………………………………….Petitioner Vs. Kamal Uddin Sabuj and others………………………….. Respondents Order January 19, 2011. Lawyers Involved: M. Amirul Islam, Senior Advocate (with S.M. Rezaul Karim, Advocate instructed b..

Category: Civil Law | Date: | Hits: 91

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit for specific perf......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......etitioner Vs. Abdul Hashem Bepari and others ……Opposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advocate (appearing in person) — The Petitioner. Not repres..

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... Pakistan vs. Shabir Ahmed 15 DLR (SC) 355; Tahera Nargis vs. Shamsur Rahman 1990 BLD 73 = 41 DLR 508; LD Jackwel vs. State of UP AIR 1984 (SC) 1374; Passotam Saram vs. Barlnanand (ILR 50 All 41). Lawyers Involved: MA Samad with MGH Ruhullah, Advocates—For the Petitioners. Mahbubey Alam,..

Category: Civil Law | Date: | Hits: 70

Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......gment May 24, 2009. Lawyers Involved: Nikhil Kumar Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, ......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......em Mominur Rahman J Zakir Hossair alias Tota Mia……………...........Petitioner Vs. The State……………...................................Respondent Judgment May 24, 2009. Lawyers Involved: Nikhil Kumar Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For..

Category: Criminal Law | Date: | Hits: 40

State Vs. Masum and others, 2010, 39 CLC (AD)

....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ...... Advocate-on-Record-For the Petitioner. Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For Respondent No.1. Not repre­sented- Respondent Nos.2-3. Criminal Petition for Leave to Appeal No. 31 of 2010. (From the judgment and order dated the 7th day of October, 20......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......mmel Hossain J The State………........................Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is granted. Lawyers Involved: AKM Zohirul Huq, Additional Attorney General, instructed by Md. Mushfiqur Rahm..

Category: Criminal Law | Date: | Hits: 47

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.........Respondent Judgment February 7, 2010. Lawyers Involved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the......ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......Hossain J Surendra Kumar Sinha J Al-Haj Mohibur Rahman.............Petitioner Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar……….........Respondent Judgment February 7, 2010. Lawyers Involved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advoca..

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ...... December 14, 2009. Lawyers Involved: Mohammad Hossain, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1025 of 2009. (From the judgment and order dated 26.02.2009 passed by the ......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……………....Respondents Judgment December 14, 2009. Lawyers Involved: Mohammad Hossain, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-F..

Category: Civil Law | Date: | Hits: 65

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......Abdus Salam Khan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the ......have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......rendra Kumar Sinha J Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another……………........Respondents Judgment May 20, 2010. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on..

Category: Property Law | Date: | Hits: 30

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......un, Advocate-on-Record-For the Petitioners. M. Faruque, Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 155 of 2010. (From the judgment and order dated the 20th day of October, ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......sain J The Managing Director, Bakhrabad Gas Systems Limited and others….....Petitioners Vs. Md. Nizamul Islam and others....................Respondents Judgment February 25, 2010. Lawyers Involved: Tufilur Rahman, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-Fo..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....h Amendment) Act, 1975 (Act II of 1975) the phrase 'after consultation with the Chief Justice' was omitted both from Articles 95 and 98. Said phrase was once restored to Article 95 only by the Second Proclamation Order (Seventh Amendment) Order, 1976 (Second Proclamation Order No. VI of 1976) but wa......res and unconstitutional. 2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......onsultation with the Chief Justice of Bangladesh but it is revealed that even after the Fourth Amendment the Judges were appointed in consultation with the Chief Justice of Bangladesh even during the Martial Law regime though the matter of consultation was not reflected in the notification. This sta......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners (In Writ Petition No. 2975 of 2003) And Farhad Ahmed………………………Petitioner (In Writ Petition No. 3217 of 2003) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh.............

Category: Constitutional Law | Date: | Hits: 252

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......hman, Advocate-on-Record-For Respondent Nos.1, 3 & 6 (In Civil Petition No. 93 of 2010). Not represented-Respondent Nos. 2, 4-5 & 7-15 (In Civil Petition No. 93 of 2010). Civil Petition for Leave to Appeal Nos.90-93 of 2010. (From the judgment and order dated 23.08.2009 passed by th......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......hers...............Respondents (In Civil Petition No. 92 of 2010) Md. Abdullah Al-Mamun and others……………...Respondents (In Civil Petition No. 93 of 2010) Judgment August 5, 2010. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on Record..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......s Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...................Respondents Judgment..

Category: Civil Law | Date: | Hits: 111

Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......wdhury, Senior Advocate instructed by Chowdhury M. Zahangir, Advocate-on-Record-For the Petitioners (In both the cases). Not represented-  the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 212 and 205 of 2008. (From the judgment and order dated the 2nd day of D......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......on No.205 of 2008) Vs. The State……..........Respondent Judgment April 23, 2009. Cases Referred To- Nur Ahmed Vs. the State 1971 SCMR 398; State Vs. Giasuddin 18 BLD (AD) 284. Lawyers Involved: Mansurul Hague Chowdhury, Senior Advocate instructed by Chowdhury M. Zahangir, ..

Category: Criminal Law | Date: | Hits: 26

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 20...... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Respondents Judgment June 23, 2009. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar R..

Category: Property Law | Date: | Hits: 33

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... Appeal No. 287 of 1993 affirming those of the Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid Assistan......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......ment March 10, 2002. Cases Referred To- Johura Begum vs. Naimuna Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad AIR 1961 J & K 5. Lawyers Involved: Moin Uddin with Shah Manjurul Hoque, Advocates— For the Petitioners. Kh A..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515....... of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purch......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......82; Uttara Bank vs. Macneill Kilburn, 33 DLR (AD) 298; House of Lords in American Cyanamid Co. vs. V Ethicon Ltd. 1975 AC 396; Mofazzal Hossain and another vs. Moinuddin and others, 3 BLC (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan, with Syed Mokaddus Ali, Advocates — For the Appellants. ..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......pondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—App..

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ...... were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Court of Magistrate, First Class, Kishoregonj should not be quashed. 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under s......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......l Haque J Md. Munsurul Haque Chowdhury J Siddique Abedin……………….. Petitioner Vs. Md. Musa Alam and State……………….. Opposite Parties Judgment August 17, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Petitioner. Fazlul Hoque Chowdhury, Ass..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......t Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint. 2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......Resources International and others, 1 BLC (AD) 174; Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 Andhra Pradesh 9; PLD 1948 (PC) 73; Dr. Abdur Rahman and others Vs. Bangladesh, 30 DLR (SC) 93. Lawyers Involved: Mustafa Niaz Mahmud, Advocate‑ For the Petitioner. Murad Reza, Advocate‑..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......d by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......AKM Fazlur Rahman J Kalu Sheikh alias Sheikh and Kalam Sheikh and others………………….Petitioners Vs. State………………………..Respondent Judgment July 31, 2002 Lawyers Involved: Abdul Malek, Advocate—For the Appellants. Not represneted- the State. C..

Category: Criminal Law | Date: | Hits: 30