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Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ngineer Moshraff Hossain SAMNO 336713 Indosuez Bank Ltd. 29.01.01 10 lac Engineer Moshraff Hossain SAMNO 1216936 State Bank of India 29.01.01 5 lac 3 Abu Shawkat ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......etitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......pellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of ......r as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

....others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) Yunus Ali.....................................Accused Appellants (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment November 18, 1997. ......i Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) Yunus Ali.....................................Accused Appellants (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment Novem......ondent Judgment November 18, 1997. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants B. Hossain, Deputy Attorney  Gener...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)

....uhul Amin J Amirul Kabir Chowdhury J Rokanuddin Sheikh ……………………………….Appellant Vs. The State……………………………&hellip...... M.M. Ruhul Amin J Amirul Kabir Chowdhury J Rokanuddin Sheikh ……………………………….Appellant Vs. The State…………………………......hellip;……………………..Respondent Judgment August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney Genera......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)

....minal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers ......on (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. ...... Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 55

Foyej Ahmed Vs. State, 2004, 33 CLC (AD)

.... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Foyej Ahmed ..................Petitioner Vs The State ......................Respondent Judgment February 15, 2004 Lawyers Inv...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ......with above obser­vation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above obser­vation. Ed. ..

Category: Criminal Law | Date: | Hits: 51

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....inal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ali Akbar® Abkar Dewan .........Petitioner vs The State .............................Respondent Judgment July 27, 2005. Lawyers ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......an .........Petitioner vs The State .............................Respondent Judgment July 27, 2005. Lawyers Involved: Sarwar Ahmed, Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Re......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...........Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. ......Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... of the exchange, Shamsuddin took possession of the exchanged lands, then the heirs of Shialo Sheikh namely Bakhtar Ali and others filed Miscellaneous Case No. 113 of 1970 under section 143A of the State Acquisition and Tenency Act against the plaintiff for correc­tion of the R.S. record clai...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ...... Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Responden......Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sigma Huda, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respo......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. La...... In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

.... 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. ......p;…………………Respondents    Judgment March 16, 2006 Lawyers Involved: Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-Fo...... 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)

.... 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. ...... 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 ...... which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... 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

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....cordingly, the appeal is allowed with­out any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed with­out any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......it petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed with­out any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....n (Criminal) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mahabubul Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judg......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......y the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

.... 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. ......y, 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)

....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. ...... (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,...... Supreme Court Appellate Division (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 ...............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

Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)

....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ................Respondents (In both the cases) Judgment March 23, 2005 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (With S. M. Munir, Advocate), instructed Md. Jainal Abedin, Advocate-on-Record-For the Petitioners (In both the cases) A. F. Hassan A......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ..

Category: Property Law | Date: | Hits: 41

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 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. ......dassir 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 .........................Respondents Judgement: October ...... 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)

....nt: 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, 2008. T...... 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...... also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......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