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Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....usly instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of ...... Amirul Kabir Chowdhury J Abdul Jabbar………………………………….. Appellant Vs Sultan Ahmed and others……………………Respondents &nb...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....as to costs. Ed. ...... Ed. ...... and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ecord-For the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Respondent Criminal Appeal No. 7 of 2003 (From Judgment and Order dated 4.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 9363......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....t: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. Lawyers Invo...... Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated 27-8-92 Passed by the High Court Division in Writ petition No. 3182 of 1991) ...... (Civil) Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....04 and that by the amended Padannoti Nitimala the Board of Directors kept themselves away from the promotion process and left the whole matter of promotion with the Bank management in the sprit of Bangladesh Bank's BRPD circular letter No.3 dated 19.2.2002 and it was further mentioned that the p...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................R...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......llip;…….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never s...... Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Mukter Hossain Khan (Md.).......................Appellant Vs. State………….Respondent Judgment January 3, 2......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......e Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents Judgment January......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr......te Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Industries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................Responde......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 ......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....urt Division allowed the appeal without considering that the properties in possession of the defendants are in danger of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......esent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....etition. On appeal in Election Appeal No.1 of 2003 before the learned District Judge and the Election Appellate Tribunal, Barisal considering a circular (being No.10 dated 14.05.2001) issued by the Bangladesh Bank and Sub-section 5 (ga) of Section 5 of the of Bank Company Ain, 1991 held that the o...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......e Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Belal Hossain.....................Petitioner Vs. Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Re......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....nbsp; Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 pass......sed. Ed. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Law......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts and Telecommunications, Banglades...... (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, M......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ......ion (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. L......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
.... Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated direc...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others..................................sion (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjahan Bewa 1 M......DLR (AD) (2008) 14. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment Apri...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
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