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Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)

....e Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others........Appellants Vs. Md. Anwarul Islam being dead his heirs......l) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others........Appellants Vs. Md. Anwarul Islam being dead his heirs Most. Afroza Begum & others....Respondents ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..

Category: Criminal Law | Date: | Hits: 49

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred ......ate Division (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ...... appre­hending a rising spiral of prices may, when advancing money, may bargain for a return to be made to him in terms of certain commodities like silver; Commissioner of Wealth Tax, Gujarat, Ahmedabad v. Raipur Manufacturing Co. Ltd. (1963) 4 Guj. L.R. 741 at page 751-52. (Emphasis is put ..

Category: Property Law | Date: | Hits: 39

Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)

....ial court. That against the said judgment and decree of the appellate court the plaintiff-respondents preferred Civil Revision No.767 of 1997 before the High Court Division of the Supreme Court of Bangladesh, which was con­tested by the defendant-petitioners by filing counter affidavit. Hon'......llate Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Jasiron Nesa and another……………….Appellants Vs. Hamida Bewa and others……………...Respondents Jud......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..

Category: Property Law | Date: | Hits: 33

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Hafiz Md. Shamsul Alam & others........Appellants Vs. Musleuddin Ahmed & others................Respondents Judgment August ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Hafiz Md. Shamsul Alam & others........Appellants Vs. Musleuddin Ahmed & others................Respondents Judgment August 8, 2004. Lawyers ..

Category: Property Law | Date: | Hits: 23

M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)

....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment O......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: Syed lshitaq Ahmed, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. ..

Category: Procedural Law | Date: | Hits: 83

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....laintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Deputy Commissioner, Dhaka and other. .....................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 1......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......i, Additional Attorney General (Naima Haider, Assistant Attorney General with him) instructed by B. Hossain Advocate on Record-For the Appellants. T. H. Khan, Senior Advocate, with Shafique Ahmed, senior Advocate, instructed by Md. Nowab Ali, Advocate- on-Record-For the Respondent. ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

.... favour of the Registrar, Supreme Court, Vide Chalan No. 4 dated 23rd October, 2001 as per Notification issued by the Registrar on 18-10-2001 with the approval of the Hon’ble Chief Justice of Bangladesh. 3. The appellant filed the said Election Petition before the High Court Divisio...... (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment Augu......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..

Category: Election Law | Date: | Hits: 312

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......in J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

.... Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbu......Appellate Division (Civil) Present Mainur Raza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 20......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..............Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. ..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....ted in: 1 ADC (2004) 427. ......te Division (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....lant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Jud...... Md. Fazlul Haque J Md. Abdul Mazid.....................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka a......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Md. Abdul Mazid.....................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secreta..

Category: Employment/Service Law | Date: | Hits: 89

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....;…………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment June 28, 2004. Cases Referred To- Bangladesh Railway Vs. M/S Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ......ivil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and oth­ers...........Respondent Judgment ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....: 1 ADC (2004) 390. ...... Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Islam..................Respondent (In Civil Appeal No. 60 of 1997) Md......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..

Category: Administrative Law | Date: | Hits: 103

Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)

....ods at the appropriate place. This Division while dismissing the petition for leave to appeal also considered the contention of the convicts that they were arrested with the contraband goods inside Bangladesh more than 5 miles off from the boarder belt areas of Bangladesh terri­tory and as su...... Appellate Division (Criminal) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Wilfredo M. Resales and another...............Petitioners Vs. The State..............................Respondent Judgment February 24, ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..

Category: Criminal Law | Date: | Hits: 61

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......vision (Criminal) Present KM Hasan CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Tariqul Islam................Appellant (In both the appeals) Vs. The State.....................Respondent (In both the appeals) Judgment A......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... (In both the appeals) Vs. The State.....................Respondent (In both the appeals) Judgment August 13, 2002. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Appellant (In both..

Category: Criminal Law | Date: | Hits: 47

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....o Reported in: 1 ADC (2002) 335. ...... (Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh………………….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ion (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Md. Fazlul Haque J Sheikh Ahmed Showdagar and oth­ers..................Appellants Vs. Mostafizur Rahman and another................................Respondent Judgment......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ...... in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

.... 2. The writ petitioner respondent No.1 filed the above writ petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to ten­der resignation from......on (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Saiful Islam and another.................................Appellants Vs. Sheikh Hasanul Huq and others.............................Respondents Judgment ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..

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

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

.... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Hamidul Haque J Tafazzal Hossain Shajahan...............Appellant Vs. The State………………….Respondent Judg...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......an...............Appellant Vs. The State………………….Respondent Judgment July 1, 2003. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-part..

Category: Criminal Law | Date: | Hits: 41

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed J. R Mudassir Husain J Md. Fazar Ali............................Appellant Vs. The State, represented by the Deputy Commissioner, Natore.....Respondent Judgmen...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......ondent Judgment November 19, 2003. Lawyers Involved: S. S. Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. ..

Category: Criminal Law | Date: | Hits: 49