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State Vs. Nurul Islam, 2006, 35 CLC (AD)

....rict, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......n are that PW. 1 Kazi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw ......uty Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

.... Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhu......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhury, Senior Ad......on (Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and a..

Category: Administrative Law | Date: | Hits: 130

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

....he High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of 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. ......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...... cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

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

.... 2004. Lawyers 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 ......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. ......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......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..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....s also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being dead his heirs Probate Dey and oth­ers..........Respondents Judgmen..

Category: Procedural Law | Date: | Hits: 112

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

....S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........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......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 ......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,......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..

Category: Property Law | Date: | Hits: 45

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

....dge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......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. ......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......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..

Category: Property Law | Date: | Hits: 175

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

....hbubey Alam, 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 1......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. ......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......  Ed. ..

Category: Property Law | Date: | Hits: 56

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

....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. ......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. ...... 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.  ......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ..

Category: Criminal Law | Date: | Hits: 92

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

....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 ......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 ...... 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; ...... 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..

Category: Criminal Law | Date: | Hits: 121

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

....llant Vs. 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...... 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 ...... 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......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..

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

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

....xclusive possession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants  Mahmudul Islam, Senior Advocate (A......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. ......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&...... (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..

Category: Property Law | Date: | Hits: 43

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

....chindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56.  Lawyers Involved:  Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wahidullah Advocate-on-Record-For the Appellant.  Fida M. Kamal, Additional Attorney Gen...... 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. ......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......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..

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

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

....l Nowab ...........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-......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. ...............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 ......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..

Category: Civil Law | Date: | Hits: 128

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

.... the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any 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. ......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......y order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

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

....nk Limited ............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, (Su......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. ...... ............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......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..

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

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

....here is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......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. ......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......  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..

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

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

....State   represented   by   the   Deputy Commissioner, Comilla….......Respondent.  Judgment 12 December 2005   Lawyers Involved:  Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-Record- For the Petitioner......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. ......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......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..

Category: Criminal Law | Date: | Hits: 103

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

....mplete Justice at such stage of the suit…….(21)  Cases Referred to-  Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Guineess Peal (Trading) Limited Vs. Md. Fazlur Rahman 44 DLR (AD) 242; Rupali Bank Ltd Vs. Haji Md. Arab Ali and oth­ers 7 MLR (AD) ...... 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. ......; 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...... (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..

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

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

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

Category: Property Law | Date: | Hits: 54