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M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretariat, Dhaka........Petitioner (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 of 2005) ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......Judgement July 23, 2005 Lawyers Involved: M/S Ashraf and sons represented by its Proprietor, Ali Ashraf and another-Respondent (In Civil Petition No. 490 of 2005) T. H. Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner (I...... ..

Category: Civil Law | Date: | Hits: 97

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

.... Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......Ed. ..

Category: Civil Law | Date: | Hits: 112

Abu Taleb Vs. State, 2007, 36 CLC (AD)

....;……....Respondent Judgment February 5, 2006. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate (Zafar Alim Khan, Advocate, -with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The R...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......p;…………………....Respondent Judgment February 5, 2006. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate (Zafar Alim Khan, Advocate, -with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petiti......by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 386 ..

Category: Criminal Law | Date: | Hits: 47

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

...., 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) Judgment                   Md. Ruhul Amin J. - The instant appeal is by the defendants against the judgment dated August 18, 2......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangla­desh, 2007, 36 CLC (AD)

....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangla­desh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A..

Category: Employment/Service Law | Date: | Hits: 59

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....ore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

.... set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......der section 164 of the Code of Criminal Procedure. 19. In cross-examination he stated “Victim akar ingite kono ashamir nam bole nai” 20. P.W 14 Dr. AKM  Rafiqul Islam Khan, Resident Medical Officer Sadar Hospital Netrokona examined the victim Champa Khatoon and opin...... Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). ..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....e limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......dvocate, (Salahuddin, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....ims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are..

Category: Business or Commercial Law | Date: | Hits: 135

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. R......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result..

Category: Criminal Law | Date: | Hits: 117

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....do a transaction which is very largely the result of his own creation…………………………(20) Lawyers Involved: S.R. Pal, Senior Advocate (S. C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appel­lants. Ranadhir Sen, Advocate, (B.K. Das,......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......ground of the law of pre­emption the Privy Council has said in more cases than one that the law of pre-emption was introduced in undivided India by the Muhammadan (vide Digambar Singh Vs. Ahmed Said Khan 42 1A 10(18). As to the question whether the burden and benefit of a right of pre-emption are i...... is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

....ind that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, Advo­cates instructed by Md. Aftab Hossain, Advocate-on-Rccord—For the Appella...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......DLR (AD) (1990) 186. ......AD) (1990) 186. ..

Category: Criminal Law | Date: | Hits: 49

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Peti­tioner. Asrarul Hossain, Senior Advocate in......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......in: 42 DLR (AD) (1990) 179. ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio..

Category: Employment/Service Law | Date: | Hits: 98

Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)

.... for 6 months and the appellant is directed for taking steps for getting the appeal heard in the High Court Division during this period. Lawyers Involved: Joynul Abedin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appel­lant. Sajjadul Huq, Advocate-on-Record —......ourt Division at Barisal for placing the matter before the Di­vision Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Di­vision Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ...... bail for 4 years without taking any serious efforts for hearing of the appeal. Ad-interim bail cannot be allowed to continue for indefinite period. Thus, the ad-interim bail is extended for 6 months and the appellant is directed for taking steps for getting the appeal heard in the High Court Divisi..

Category: Criminal Law | Date: | Hits: 64

Abed Ali Vs. State, 1990, 19 CLC (AD)

....nce. The appel­lant and other accused persons immediately left the place and went to their house. 3. A Chawkidar went to the Pirgacha P.S and informed the officer-in-charge about the murders. Mr. Md. Nazmul Huda, S.I. of Police came to the place of occurrence at about 12-30 p.m. and a written Ej......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t..

Category: Criminal Law | Date: | Hits: 65

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......7. ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing..

Category: Criminal Law | Date: | Hits: 52

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

.... decree be stayed and the order of the high court division be modified………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Recordâ€......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann..

Category: Civil Law | Date: | Hits: 117

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

....tion petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, Ad­vocate-on-Record — For the Appellant. Md. Fazlul Karim, Senior Advocate (Zulmat Ali Khan, Advocate with him), instructed by Nowab Ali, Adv...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......e in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, Ad­vocate-on-Record — For the Appell......nt: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Oth­ers.....……………………………...Respondents Judgment March 19, 1989. ..

Category: Election Law | Date: | Hits: 152