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Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....nbsp; March 21st, 2006 Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner. Abdur Razaque Khan, Additional A......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......5 was started under section 302 and other sections of the Penal Code against unknown accused. 3. During investigation accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md. Shahed Ali were arrested. They were produced before the learned Magistrate who record...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... Reported in: 11 MLR (AD) (2006) 237. ......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represenÂted by the Secretary, ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Majid Sheikh alias Majid and others... ............Appellants vs State……………..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....guilty of the offence……………………………(13) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Attorney-General with him) instructed by Md. Ahsanullah Patwary, Advocate-on-Record—For the Appellant. Abdul Baset Majumder, Senior Advo......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allow..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nuary 11, 1999 passed by the High Court Division in Civil Order No.1451 of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....n No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......td and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Aftab Hossian, Advocate-on-Record—For the Appellant (In......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nbs..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In ...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......spondents Judgment February 2nd, 2003 Lawyers Involved: Matiur Rahman, Advocate, instructed by Mrs Azra Ali, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For Respondents. Civil Appeal No. 315 of 2001. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ach, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......witnesses to the occurrence, in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in his hand but from the evidence of PW 8 Dr Rafiqul Islam, it appears that no such injury was found on the person of the deceased during postmortem exa...... Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... suit. The petition is dismissed. Ed. ......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....1 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 ......y Bangabandhu Sheikh Mujibur Rahman, and do hereby affirm and resolve till such time as a Constitution is framed, Bangabandhu Sheikh MujiÂbur Rahman shall be President of the Republic and Syed Nazrul Islam shall be the Vice-President of the Republic, and that the President shall be Supreme ......Re Initiative and Referendum; (1883) 9 (AC) 117 Hodge Vs. The Queen; 17 D.L.R. (SC) 384 and A.I.R. 1977 Allahabad 488 Full Bench. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Zakir Ahmed Advocates with him), inÂstructed by Kazi Shahabuddin Ahmed, Advocate-on-Recordâ€......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....venge. The informant found one pair of plastic sandal in the room of his parents which belonged to accused Dablu. The informant raised alarm whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many ...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ead High Court Division Judgment here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment ......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is alÂlowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of acÂ..Category: Criminal Law | Date: | Hits: 159
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ed as the assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8)  Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For t...... his nephew Abdur Rashid assaulted him with a dagÂger and snatched away the rifle from him. The Ansars fired at the miscreants who fired back and fled away. Apart from Jalaluddin, and the informant, Nazrul Islam, Akram, Sakendar and Bulu rushed to NowÂab Ali and the victim narrated the incident to......phew Abdur Rashid assaulted him with a dagÂger and snatched away the rifle from him. The Ansars fired at the miscreants who fired back and fled away. Apart from Jalaluddin, and the informant, Nazrul Islam, Akram, Sakendar and Bulu rushed to NowÂab Ali and the victim narrated the incident to them. ...... Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquitt..Category: Criminal Law | Date: | Hits: 61
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ishad was filled up when Abdul Hamid Bhuiyan was elected as Acting Chairman of the said Union Parishad. This Acting Chairman AbÂdul Hamid Bhuiyan was soon replaced by another acting Chairman namely, Md. Idris on 2.7.86. Then Mr. Abdul Mazid Master the elected Chairman of Gallai (north) Union Parish......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil ApÂpeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......enge on appeal the accused appellants may continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. ......he Code of Criminal Procedure, 1898 (V of 1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appella..Category: Criminal Law | Date: | Hits: 53
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record— For the apÂpellants. Ex p...... of execution of the decree has been properly reÂfused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the reÂspondent No. 1 Ishaque Ali, since deceased, and subÂstituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for..Category: Civil Law | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... Vs. Shahid Mia & Others..............Respondents (In Civil Appeal No. 29 of 1988) Halimuddin…………………………………….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Sham......Record—For the Respondent No. 1 (In Civil Appeal No. 40 of 1988). Not represented— Respondent Nos. 2 & 38 (In Civil Appeal No. 40 of 1988). Syed Ishtiaq Ahmed, Senior Advocate (A. K. M. Nazrul Islam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the apÂp......€”For the Respondent No. 1 (In Civil Appeal No. 40 of 1988). Not represented— Respondent Nos. 2 & 38 (In Civil Appeal No. 40 of 1988). Syed Ishtiaq Ahmed, Senior Advocate (A. K. M. Nazrul Islam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the apÂpellant ......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be..Category: Election Law | Date: | Hits: 165
....te (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (H......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... sit in the House of the Nation with glory but he cannot sit in the Union Parishad or a local body. The members of the Parliament owe an answer to this, not the Court. But now that they have declared Islam as the State Religion of the Republic by the Constitution (Eighth Amendment) Act, 1988, I shal......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr..
Category: Election Law | Date: | Hits: 212
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ted in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of the suit……(69) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmul Islam and Shaheed Alam, Advocates with him instructed by Syed Sakhawat Ali, Advocate-Record—For th...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
.... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….........e present suit has been filed by the plaintiff appellants in collusion with defendant Nos. 3-5. The case of defendant Nos. 3-5 is that Noor Mohammad Bepari transferred the suit premises in favor of Nazrul Islam and Aminul Islam, defendant Nos. 10 and 11, who transferred their interest in the sui......nt suit has been filed by the plaintiff appellants in collusion with defendant Nos. 3-5. The case of defendant Nos. 3-5 is that Noor Mohammad Bepari transferred the suit premises in favor of Nazrul Islam and Aminul Islam, defendant Nos. 10 and 11, who transferred their interest in the suit prope...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees...Category: Property Law | Date: | Hits: 36
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