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Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......IX, rule 13 C.P.C …………………..(5) Case Referred to- Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131. Lawyers Involved- K.Z. Alam, advocate instructed by Md. Aftab Hossain, Advocate-on-Record–For the Appellant. Jamiruddin Sircar, Advocate instructed by Md. S......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..

Category: Tenancy Law | Date: | Hits: 159

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......4; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record—For the Appellant. ......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Resul......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..

Category: Criminal Law | Date: | Hits: 64

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

.... T. H. Khan, Senior Advocate (Md. Abdul Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M. H. Khondker, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For......ment is confirmed………………..(6) Lawyers Involved: T. H. Khan, Senior Advocate (Md. Abdul Wahhab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. M. H. Khondker, Senior Advocate (A. J.......ppellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment  &......l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..

Category: Property Law | Date: | Hits: 32

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Lawyers Involved: M. H. Khondoker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record–For the petitioners. A.W.Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record- For the respondents. Civil Petition for Special Leave to Appeal No. ......1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......—For the petitioners (In Civil Appeal Nos. 63-65 of 1982). Hamidul Huq Chowdhury and M.H.Khondker, Senior Advocates F.A. Mannan and A.Y. Masihuzzamann Advocate, with them instructed by Md. Aftab Hossain, Advocate-on-Record. — For the respondents (Civil Appeal Nos. 63 & 64 of 1982). K. ......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Amir Hossain Howlader & ors…......Appellants Vs. The State.......................... Badrul Haider Chowdhury J Shahabuddin Ahmed J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Amir Hossain Howlader & ors…......Appellants Vs. The State.................................Respondent Judgment March 12, 19......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......my Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Peti­tioner. ...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment    April 9, ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ...... context shall not affect the merit of the case pending for trial before the Trial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: ......Munim CJ Barul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment Dec......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......ection 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate on Record—For the Appellants. B. Hossain, Advocate on Record—For the Respondent. Criminal Appeal No. 22 of 1984. ...... (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Joynal Abedin and others...........Appellant Vs.   The State ……………………&h......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

....Ayub Ali vs. Bangladesh and others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-General and Naima Haider,...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Re......il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2......C (2004) 371...

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......M Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others……………...Respondents Judgmen......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

State Vs. Abul Kashem, 1985, 14 CLC (AD)

.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ......f default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Re­cord- For the Appellant. Rafiqur Rahman, Senior Advocate instruct...... Shahabuddin Ahmed J    Chowdhury ATM Masud J The State……………………………Appellant Vs. Abul Kashem............................Respondent Judgment February 13, 19...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ..

Category: Criminal Law | Date: | Hits: 39

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......d and accordingly it is set aside. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respon......MA Munim CJ Badrul Haider Chowdhury J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State………………………&helli......Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ..

Category: Criminal Law | Date: | Hits: 52

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......nor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appell......Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, re­presented by the Dy. Commissioner, Faridpur....  Appellant. Vs. Abul Kaiser Chow­dhury and others. ………………&...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......oor Quader, PLR 1969 SC 623; Tarapada Ghose vs. Marimnessa Bibi, 19 DLR 711. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (M. Hafizullah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. B.K Das, Advocate, Ins­tructed by Sy......sent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respon­dent Judgment ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ..

Category: Others | Date: | Hits: 86

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......ged an First Information Report with the Kotwali Police Station alleging, inter alia, that the accused Nirma Lendu Ghose Dhiraz  Ghose and with accused Md. Badruddoza, V.P. Super and Md. Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific per­formance ......meen J Md. Jasimuddin Sarker…………………………………………Accused-Petitioner (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …&h...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....d. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......dul Matin J The State………………………………………………….Petitioner Vs. Md. Jalal Miah and another…………………&helli......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..

Category: Criminal Law | Date: | Hits: 51

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......7) Chan Miah…………………………………………Petitioner (In Jail Petition No. 21 of 2007) Vs. The State…………………………......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..

Category: Criminal Law | Date: | Hits: 41

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....cordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ...... Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public Works Department (PWD) Public Works Division No. IV Agrab......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....h Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ...... Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents Judgment November 27, 2007. Result: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For the......hammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Masud Miah and others……………………………………………………………………………….Petitioners Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents Judg......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ..

Category: Civil Law | Date: | Hits: 118