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Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....olved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, Advocate-on-Record- For the Appellants  A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents   Civil Appeal No. 323 of 2001 (From th......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ...... cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....wyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant  Dr. M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent   Civil Appeal No. 134 of 2001 (From the......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......ivision  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawy......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ..

Category: Constitutional Law | Date: | Hits: 154

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....hers..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner  Moksudur Rahman, instructed by Md. Nawab Ali,......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  L......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ..

Category: Property Law | Date: | Hits: 45

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

....he appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003  Lawyers Involved:  S.S. Haider, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur Rahman, Senior Advocate, instructe......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......Supreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J Abu Sayeed Ahmad J M.M. Ruhul Amin J  Moulana  Serajul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ..

Category: Property Law | Date: | Hits: 175

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....m, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-record-For the Appellants.  Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent.   Civil Appeal No. 119 of 1999. (Fro......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

State Vs. Abul Kalam, 2006, 35 CLC (AD)

.... Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. Lawyers Involved:  Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record-For the Petitioner  Not represented-the Respondent.  ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ..

Category: Criminal Law | Date: | Hits: 92

Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......ve to appeal is dis­missed.  Ed. ......ppellate Division  (Criminal)  Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Srwardi Shaikh and others……….....Petitioners. Vs. The State……………..Respondent  Judgment 22nd July 2002&......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 99

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

.... he came back from Dhaka and Stayed at Doulatdia Ghat in a Hotel; on the next day i.e. on 4th  Sravan, Monday he started for home with Tk. 900/- only keeping the rest amount with his nephew Abul Hossain, son of Helaluddin of village Jitka, P.S. and District Manikganj but he did not reach home; ......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Sh......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ..

Category: Criminal Law | Date: | Hits: 121

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant.   Abdus Sobhan, Senior Advocate, instruct...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ......ppellate Division  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Inv...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....eme Court Appellate Division  (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents&......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ...... (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents  Judgment 20 November 20......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....11.1992 of the Subordinate Judge, First Court, Dhaka in Miscellaneous Case No. 71 of 1991 declaring the award dated 21.9.1991 signed and delivered by the sole  Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......p; Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

.............Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyers Involved:  M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant  Sirajuddin Ahmed, Advocate-On-Record ......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......urt Appellate Division (Civil)  Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyer......stry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a resi­dential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.19..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

....s of khatian No. 78 were in the name of the father of the plain­tiffs and brother Nazir Ahmed. This Munsur Ahmed died leaving behind plain­tiffs No. 1,2 and 3 Nazir Ahmed Anwar Ahmed and Abul Hossain, Nazir Ahmed sold his share to plaintiff No. 1 and Anwar Ahmed and Abul Hossain sold their s......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......y order as to cost.  Ed. ......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

.... ............Appellant. Vs. Pragati Industries Limited..... Respondent.  Judgment 8th August 2005   Lawyers Involved:  Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant  Shafique Ahmed, Senior Advocate, (Subrata Chow......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......Supreme Court Appellate Division (Civil)  Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  National Bank Limited ............Appellant. Vs. Pragati Industries Limited..... Respondent.  Judgment 8th August 2005   Lawye......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....dul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-record- For the Appellant.  Serajul Haq, Senior Advocate, instructed by Aftab Hossain, Advocate-on-record- For Respondent No. 1.   Not represented- Respondent No......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents   Judgment March 12, 200......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....tating, inter alia, that he along with Mizan Mia and Ayub Ali (cited as witness Nos. 1 and 5 in FIR) while going to the bus terminal and came near the house of the accused petitioner they met accused Hossain to whom the aforesaid Ayub Ali demanded his dues of Tk. 1500/- and then the accused became e......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......eme Court Appellate Division (Criminal)  Present: Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  Kamal Uddin.........................Petitioner. Vs. The   State   represented   by   the   Deputy......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 103

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

....; Federation of Pakistan Vs. Ali Hasan (PLD 1967 SC 249).  Lawyers Involved:  T.H. Khan, Senior Advocate (Abdus Sobhan, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant.  Rafique-ul-Huq, Senior Advocate instruct...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ...... (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent.  Judgment Augus...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ..

Category: Employment/Service Law | Date: | Hits: 211

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....bsp;                               Syed J R Modassir Hossain, J: Anil Ranjan Deb defendant-petitioner seeks leave to appeal against the judgment and orde......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......ordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....ing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents  Judgment June 27, 2005   Lawyers Involved:   Dr. Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by Sufia Khatun,......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ......riminal)  Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J.  Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents  Judgment June 27, 2005   Lawyers Inv......ered by the Court.  15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division.  In the result, the appeal is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 118

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....Commissioner of Taxes with effect from 29.11.1984, Additional Commissioner of Taxes 7.3.1990 and Commissioner of Taxes with effect form 7.5.1995, the dates from which appellant's junior Mostafa Tareq Hossain was promoted in these posts after the retirement of said Anawaruddin Ahmed from the post of ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......urt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and othersâ€......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..

Category: Administrative Law | Date: | Hits: 162