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Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......l is allowed with costs. Ed. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2......, 2002 passed by the High Court Division in Civil Revision No. 876 of 2002). Judgment Md. Ruhul Amin J. - The appeal, by leave, is by the defendant No.2 (Head Master and Secretary of Nalchity Merchants, High School) against the judgment dated July 17, 2002 of a Single ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......te of 9% till realization…… ………(10 & 12) Lawyers Involved: ABM Khairul Huque, Advocate, instructed by Md. Nurul Huq, Advocate-on-Record, (absent)—For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent....... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kadam Rosul Silicate Works and others.............................Appellant Vs. Sonali Bank.........................…………………………………….......Responde......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......rim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Mohammad Ali, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Gholam Rabbani, Senior Advocate, instructed by Sh......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Res......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.... were aware of the filing of the suit but they did not appear to contest the suit intentionally. 4. In support of their respective cases the appellants examined only one witness, appellant no. 3 Mohammad Hossain as PW 1. The respondents examined OPW No. 1, Nurul Islam, husband of respondent......re of the filing of the suit but they did not appear to contest the suit intentionally. 4. In support of their respective cases the appellants examined only one witness, appellant no. 3 Mohammad Hossain as PW 1. The respondents examined OPW No. 1, Nurul Islam, husband of respondent no 1 and......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Upendra Chandra Rishi and others.………………...…………..Appellants Vs. Sufia Begum and others...........………………….………........Respondents Judg.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the Responde...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azizul Huq @ Azizul Haque and ors................................Appellants Vs. The State..................................……………………………………...Respo......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......SC 53. Lawyers Involved: Md. Rafiqul Huq, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record— For the Appellant. Amirul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. C...... ......submitted the appellant acted malafide, held as follows: "We find from Annexure-1(3) in the supplementary affidavits on behalf of the petitioner a letter written by Dhaka WASA on 13-8-98 to the Secretary, Ministry of LORD that the petitioner did not inform whether the letter of intent was ac..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant....... MM Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Res......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....d challenging the legality of the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' lis......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......Ed. ..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......22 acres of land of plot No. 1222 of the suit khatian also belonged to the said three surviving brothers in equal share of 1.74 acres each; from his 1.74 acres of land Banga sold 1.20 acres to Amir Hossain on 13-11-1828 and sold remaining 0.54 acres to Shamsher Ali and Serajuddin Bepari on 13-11......Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 1......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......f the case, we make no order as to costs. Ed. ......bsp; Syed A. B. Nahmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......hich is dismissed. Ed. ...... Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…………..Respondent ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....71 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 11 of 1989.......ate AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Deputy Attorney-General, instructed by Mohammad Ayub, Advocate-on-Record — For the Respon...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abu Taher Chowdhury & others....………………………………......Appellants Vs. State……………………………………………………………………..…….......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ng to interfere with the order. The petition is dismissed.. Ed. ...... (Civil) Present A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors ……..&h...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......volved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Md. Ozair Farooq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 4. Not represented—Respo......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Res...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawy......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....stry of Works and others vs Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Mir Abdul Ali vs. Md. Rafiqul Islam, 40 DLR (AD) 75; Progati Industries Ltd vs Shahida Khatun and others, 43 DLR 429; Quazi Din Mohammad vs. Alhaj Arzan Ali and another, 47 DLR (AD) 48. Lawyers Involved: Mahmudul......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......LRs. Kachru and others vs Mira Abdul Gaffar and another, AIR 1996 (SC) 910 = (1996) 1 Supreme Court Cases (639); Alauddin Khan and another vs. Md. Hafizullah Bhuiyan and others, 1981 BCR (AD) 207; Secretary, Ministry of Works and others vs Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Mir Abdul Ali ..Category: Property Law | Date: | Hits: 94
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......therefore is that the appeal is dismissed with costs. Ed. ......esent Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh……………..Respondents Judgment Ju......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... The appeal is dismissed without any order as to coast. Ed. ......Appellate Division (Civil) Present A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Responden......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Ed. ......A.B.M. Hussain CJ Ahsanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment Ju......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......f 2003 filed under Section 561A read with Section 517 of the Code of Criminal Procedure discharging the Rule. 2. The facts, leading to this petition, are that the informant Md. Moazzem Hossain S.P.S. (Jety) Mongla Bandor Custom Check Post lodged an F.I.R. with Mongla Police Station a...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
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