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Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For Petitioners. Md. Nurul Huq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul H...... (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For Petitioners. Md. Nurul Huq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Resp......ahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. ......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ..

Category: Property Law | Date: | Hits: 101

Shahid Miah Vs. State, 2000, 30 CLC (AD)

.... dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. Lawyers Involved: Nazrul Islam Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Cri...... and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. Lawyers Involved: Nazrul Islam Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitione......eed be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. Lawyers Involved: Nazrul Islam Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. ...... 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of..

Category: Criminal Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ase Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instruc......rani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Ci...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment Ju......R (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

.... in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......001) 7. ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....msul Haque Siddique, Advocate-on-Record — For the Respondent. B Hossain, Advocate-on-Record — For the Appellant. (In Criminal Appeal No. 28 of 1996) Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) C......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......upreme Court Appellate Division (Criminal) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ............ Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......d with costs.   Ed.  ......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10.  Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969)  ..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

....atisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ......Petitioner. Vs. The State, represent­ed by the Deputy Commissioner, Pabna………….. Respondent.  Judgment 21st July 2002  Lawyers Involved:  Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. ......ner. Vs. The State, represent­ed by the Deputy Commissioner, Pabna………….. Respondent.  Judgment 21st July 2002  Lawyers Involved:  Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner.  Not r......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner.  Not represented- Respondent.   Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 94

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 ......ioner Concerned.  Ed ......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner  Not Represented- Respondent  Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ..

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. ......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. ......l 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 another.......Respondents  Judgment December 18, 2002.  Cases Re..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

....              Muhammad Abdur Rouf J.- This appeal by leave has been preferred by 3 (three) substituted heirs of the plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dat...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......d with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

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. ......harging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......r 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 the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ..

Category: Property Law | Date: | Hits: 127

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. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ 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..

Category: Procedural Law | Date: | Hits: 112

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. ......ed:  T.H. Khan, Senior Advocate, (Mr. Mahbubey 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 Resp......w.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

.... as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......gh Court Division for disposal on merit and in accordance with law.  Ed. ......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents   Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ..

Category: Property Law | Date: | Hits: 57

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. ......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. ...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner  Not represented-the Respondent.  Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ..

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 ......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 ......d ..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....nt reason to interfere with the same.  The appeal is dismissed.   Ed. ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......is dismissed.   Ed. ...... August 14, 2004.  The Penal Code, 1860 (XLV of 1860), Section 324   In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s..

Category: Criminal Law | Date: | Hits: 95

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. ......ved:  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 (Abdul Quayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-......t 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  ..

Category: Property Law | Date: | Hits: 43

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....itional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......ermitted to make the appeals ready for hearing within 6(six) months.  Ed ......Advocate-on-Record-For the Petitioner (in all the cases)  Not represented-Respondent (in all the case)   Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4..

Category: Employment/Service Law | Date: | Hits: 120

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......r as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj..

Category: Administrative Law | Date: | Hits: 152