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Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....al Petition No. 189 of 2003) The State & others...............Respondent (In Criminal Petition No. 190 of 2003) Judgment October 14, 2005 Lawyers Involved: Md.  Nawab all, Advocate on Record-For the Petitioner(In both the Cases) Abdul Basel Ma......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......rmation Report with Shirajdikhan Police Station in the District of Munshiganj stating, inter alia, that on 29.08.1994 while Hashimunnessa Khanam elder sister of his wife Dr. Fatema Khanam and Ataur Rahman Toni son of Hashimunnessa Khanam were going to Gudaraghat from their house at Goperpur the ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)

.... criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. .................Petitioner Vs Mosammat Nurbanu & another ....................................Respondent Judgment November 8, 2003 Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner N......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......o suffer rigorous imprison­ment for 5 years and a fine of TK. 1000/- in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that one Habibur Rahman, as informant, lodged First Information Report on 2.7.1994 stat­ing inter alia that in t...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....ip;………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Att......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... Ed. ......al Appeal No.14/2001) Sajjad Shaheen @ Prince...................Appellant (In Criminal Appeal No. 15/2001) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respond..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

....al is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......of imprisonment for life dated 22-4-1993 passed by the learned Sessions Judge, Rajshahi in Session Case No. 105 of 1991. 2. The prosecution case, in nutshell, is that informant P.W. 1 Abdur Rahman of vil­lage Kashimpur under police Station Godagari Rajshahi lodged with Godagari P.S an......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

....ion is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......and also to pay a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, along with 2 constables on 5.2.1996 at about ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....ioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....zaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat Hossain, Senior Advocate, i......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

.... For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......p;………………………………..Respondents Judgment January 30, 2006 Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Mr. Serajur Rahman, Advocate-on- Record-For the Appellants ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

.... vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul Kalam Azad being dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of 2002) Md. Tofazzal Hossain & anr.......Respondents (In C. A. No 246 of 2002) Aminuddin Ahmed &......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......9 of 2002) Serajul Haque & anr.......................Respondents   (In C. A. No 250 of 2002) Judgment May 22, 2006 Lawyers Involved: Sk. Awsaful Rahman, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all the cas......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

.... no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......llip;...Respondents Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appe...... J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner, Pirojpur and oth­ers....................Appellants Vs. Md. Wazed Ali and others……………………..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....e find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......s Judgment March 23, 2006 Lawyers Involved: Md. Fazlul karim, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 1 Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

....he bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ........Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collector of Customs, 4 BLC 85; Sew Bishar Prasad vs. Collector o......raders, Dhaka…………………...Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

.... same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......esh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instructed by Md. Serajur Rahman, Advocate......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....d disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Resp..

Category: Employment/Service Law | Date: | Hits: 76

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

....ion is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004......yed J.R. Mudassir Husain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement..

Category: Property Law | Date: | Hits: 34

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

.... this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants  Shahid Ahmed, Advocate, instruc......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....dication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ip;.....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20 BLD (AD) 278; ......ip;…….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20..

Category: Civil Law | Date: | Hits: 122

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

.... passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......lip;..Appellant Vs The Chairman, First Labour Court, Chittagong and Other's.........Respondents Judgement February 29, 2004. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 131

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......overnment of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 51 DLR(AD) 253; 1 BLC (1996) page 105. Lawyers Involv......preme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referr..

Category: Limitation Law | Date: | Hits: 156