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State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......y prayer for such release and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appe......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....nsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......is no reason for quashing the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceedingâ€..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....about 7-30 PM accused Wasikur Rahman killed Tutul, brother of Md Liton, in front of Shanka Cinema Hall, Khulna while co-accused Moshfequr Rahman caught hold of the victim. On getting the information, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first informat......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......h a finding can be made on the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) inst......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J State................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 67
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....owed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..........................Category: Business or Commercial Law | Date: | Hits: 96
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....stance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......sional application was not maintainable as because the order impugned in the revisional application was appealable. ……………………….(7 & 8) Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by ASN Khalequzzaman, Advocate-on-Record—For the Petitioner. Md. Naw...... order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such p..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....atan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......21 DLR (SC) 104. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....owed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......ction was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....dingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......p;..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahidullah,Advocate-on-Record— For the Petitioners. Humayun Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. C...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ..................Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......e of aforesaid Abdul Kader Mridha being armed with deadly weapons including rifles and that accused petitioners Ayub Ali, Sagir Ahmed along with Sanoo and others entered into his house and then Amjad Khan forbade them to enter inside the house and then accused Sanoo asked accused petitioners Ayub Al...... 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....haukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent Nos. 1-9 and 11-13. Criminal Appeal N......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ................ Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocat......immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....53(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (Zakir Ahmed, Advocate, Supreme Court, with them) instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant (In Civil Appeal No. 3 of 1992) M A...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......rsor of the Upazila Parishad was Thana Council which again was conceived during a Martial Law period and constituted under the Basic Democracies Order, 1959 promulgated by Field Marshal Mohammad Ayub Khan. It is of historical importance which should be mentioned that in the history of the evolution ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂtive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
.... Judgment April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the P......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....d Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorn......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ...... Local Board Vs. Oswald Lister (1895) 11 TIR 1976; Dunn Vs. Bevan [1922] 1 Ch. 276; Lord Russel of Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Ho......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....htiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. .........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....harifuddin Chaklader, Advocate-on-Records for MR Khan, Advocate-on-Record-For the Appellant (in Criminal Appeal No. 2 of 1989). SS Halder, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 4 (in Criminal Appeal No. 2......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......& Abdur Rahim Mondal Vs. State 39 DLR (AD) 246. Lawyers Involved: B. Hossain, Deputy Attorney‑ General, instructed by Sharifuddin Chaklader, Advocate-on-Records for MR Khan, Advocate-on-Record-For the Appellant (in Criminal Appeal No. 2 of 1989). SS Halder, S......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h..Category: Criminal Law | Date: | Hits: 93
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......iah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent. Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986..Category: Others | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellants. Dr. Rafiqur Rahman, Senior Advocate in......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Re......12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali, Advocate-on-Record - For...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......and another.........................Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M...... This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
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