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Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....pplica­tion. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....0 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......d writ petitioners filed writ petition No.890 of 2003 stating, inter alia, that they are employees of  Dock  Workers Management Board, Chittagong working as personnel and welfare Manager, Secretary and Finance and Accounts officer respectively and performing their functions as the head..

Category: Employment/Service Law | Date: | Hits: 88

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......e Single Bench of the High Court Division erred in failing to consider the facts, that the suit land was acquired by the Government vide Gazette notification dated 2.4.1956 and subsequently the Secretary of the Board of Revenue by letters dated 19.1.1950 and 9.2.1955 gave responsibility of t..

Category: Property Law | Date: | Hits: 41

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

....h P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......med and other..........Respondents Judgment February 23, 2005. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition......Reported in: ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 43

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Alt, Advocate-on-Record- For Respon...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 200...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....of the Bank Companies Act,1991 which is same as section 27 after of Bank Companies Ordinance 1962. Therefore, the Review Application No.3 of 2000 was filed before another Division Bench presided by Mohammad Gholam Rabbani J. and there was delay of 191 days in filing the review application. It app......Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Rokanuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respond......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ...... the bank as well as for operating the banking business. As we have already pointed out that the impugned Annexure-Q is a letter dated 22.12.1991 written by Bangladesh Bank, Head Office to a Joint Secretary, Ministry of Finance, Government of Bangladesh in reply to their letter dated 04.12.1991 ..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......88 in Writ Petition 1044 of 1998 whereby a Writ Bench of the High Court Division declared the retire­ment of the writ petitioner Capt. (Retd.) Syed Abu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful author..

Category: Employment/Service Law | Date: | Hits: 103

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

..... No.1735 of 2005) Dr. Kamal Hossain, Senior Advocate (Sara Hossain, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the petitioners (In C.P. No 50 of 2006) A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Recor-For Respondent No.5 ......nt June 25, 2006 Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In C.P. No.1735 of 2005) Dr. Kamal Hossain, Senior Advocate (Sara Hossain, Advocate with him) instructed by Sufia Khatun, Advocate-on......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. .....................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and oth­ers ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represent­ed by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents ..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....smissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....t No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stat­ing, inter alia, that after execution and regis­tration o.......Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the ju......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....ul Islam J Md. Baker Miah and others............Appellants Vs Shamsun Nahar Begum...........Respondent Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellant...... on the death of Fatema Bibi  Abdul  Barek, Hayatunnessa, Daulat Bi, Mohor Bi and Ratan Bi sold their interest to Zeon Bibi who died leaving son Awlad Hussain who died leaving sons Taleb Hossain and Monir Hossain, that Taleb Hossain died leaving the plaintiff and the brother Monir Hoss......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....raj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The Punjab National Bank Ltd. Vs. Messrs. Dewan an......l Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Moinul Huq, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Asrarul Hossain, Senior Advocate (CSS Halder, Senior Advocate with him) instructed by Ranesh Chandra Maitra,......hahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its At­torney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……………………..…..Respondent Judgment May ...... and verifying a plaint is contained in Order XXIX rule 1 CPC as follows: "In suits by or against a Corporation, any pleading may be signed and verified on behalf of the Corporation by the Secretary or by any direc­tor or other principal officer of the Corporation who is able to depose..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......to be set aside as a whole. Fresh Notification may be made on completion of the election in Ward No.1……………(6 & 7) Lawyers Involved: Zakir Ahmed, Advocate in­structed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Shahid Alam, Advocate in­structed by Sharifud...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secr......l J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others.....…………………………………..

Category: Election Law | Date: | Hits: 126

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ...... nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appel­lants. B. Hossain, Deputy Attorney-General instruc......Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Syed Ali Mir and another......………………….........Accused-Appellants Vs. Syed Omar Ali and another.... ...……………...........Respondents Judgment May 13......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....he plaintiff No.1 af­ter his marriage with her on 16.1.1963 at 43, Rankin Street, PS Sutrapur, Dhaka. After the 25th March, 1971, Naser shifted from 43, Rankin Street to House No. 4/13 Humayun Road, Mohammadpur, Dhaka. On 16.11.1971 Naser started from the resi­dence towards his place of business a......auchope (1819) 1 Bligh 1 (21): Douglas Menzies Vs. Umphelby 1908 AC 224 (232); PLD 1971 (SC) 376(390-391); Ganges Manufacturing Co. Vs. Sourajmull, ILR 5 (Cal) 669. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Shah Abu Nayeem Mominur Rahman, Advocate with him), instructed by Sharifud......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repre­sented by its Chairman & others..........for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public Works (defendant No. 2) and the said case was decreed ex parte on 21.9..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... in: 42 DLR (AD) (1990) 225. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment Janu...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

.... to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......t and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....n-Record for the petitioners. The petition is dismissed. Ed. ......ue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners   Md. Nawab Ali, Advocate-on-Rec......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ...... Petition for Leave to Appeal No. 869 of 2001 Judgment:                  Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue..

Category: Fiscal/Taxation Law | Date: | Hits: 72