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A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......p;                 Amirul Kabir Chowdhury J.-The petitioner A. Motaleb Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscel...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....ns made in the judgment. As against that order dated 26.1.2003 accused petitioner filed Criminal Revision No. 546 of 2003 before a Division Bench of the High Court Division of the Supreme Court of Bangladesh and their lordships by judgment and order dated 17.6.2003 rejected the said criminal rev......r Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left Bangladesh and in his absence structures including dwelling house in the land in suit were destroye......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr...... (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....nbsp;     Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the High Court Division on 9th April, 1996in Cr......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide......, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-op...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.................m J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder...................................Respondent Judgment ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....a (Bulu)................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner......2008) 24, 19 BLT (AD) (2011) 07. ......rth as he went to India with a stu­dent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh Vs. Pro­fessor Golam Azam 46 DLR(AD)192 it has been held that a citizen by birth is a citizen of th......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

....zlul Karim J M. M. Ruhul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment ......hul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment September 3, 2007. ...... Mohammad Fazlul Karim J M. M. Ruhul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Ju...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..

Category: Employment/Service Law | Date: | Hits: 79

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ......1) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......m vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nuru......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

.... rule was issued on the respon­dent No.1 to show cause under what authority he claimed to hold the office of the Chairman since he has defaulted in paying the loan of Taka 10,000/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the mean­ing of section ...... Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Comilla Electric Sup­ply Ltd.………………………………………………………………………….....Appellant Vs. The Commissioner of Income Tax, Chittagong Zone, Chittagong ..............Respondent Judg......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....amendment will be within time, inasmuch as the pre-emption petition was within time……………(11) Cases Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instru......¦â€¦......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment February 6, 1986. Result: The appeals are al­lowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908)......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Sree Shushil Ranjan Dutta...……………………......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment Februar......result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....ul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Abdul Mannan Taluk­der……………………………………………………….............Appellant Vs. Bangladesh House Buil­ding Finance Corpora­tion and another..............Respondents Judgment ......MH Rahman J ATM Afzal J Abdul Mannan Taluk­der……………………………………………………….............Appellant Vs. Bangladesh House Buil­ding Finance Corpora­tion and another..............Respondents Judgment December 12, 1989. Result: The appeal is...... Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Abdul Mannan Taluk­der……………………………………………………….............Appellant Vs. Bangladesh House Buil­ding Finance Corpora­tion and another..............Respondents Ju......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th......e Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 2...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... Reported in: 42 DLR (AD) (1990) 91. ...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ......ury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintif......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....shable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Re­ports, page 366. Lawyers Involved: Bahauddin, Advocate, instructe......Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ......f acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Re­ports, page 366. Lawyers Involv......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......………………………......hahabuddin Ahmed J MH Rah­man J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res......preme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors........nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....sult of election after accepting bribe from one of the contested candidates. 3. The High Court Division in making the Rule absolute, considered that the name of Oli Ullah Khan was published in the Bangladesh Gazelle on 13th June, 1988 i.e. two months after the issuance of the Rule, as the elected......sent: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..

Category: Election Law | Date: | Hits: 111

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1989) Abdul Mannaf...............pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..

Category: Election Law | Date: | Hits: 125