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Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, M......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125

State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)

....ion is dismissed. Ed. ......ellate Division (Criminal) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State......................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....issed. Ed. ......ion (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. L......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of the victim girl lodged F.I.R. with Pallabi Police Station, Dhaka, on 28.8.1998, ..

Category: Criminal Law | Date: | Hits: 44

Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)

....pellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Khalid Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September 2, 2007 Lawyers I......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....High Court Division which held as under: "We find that the suit land was already recorded in the names of original plaintiff Obaidul Islam and his wife Gulshan Begum during survey under the State Acquisition and Tenancy Act, 1950 in plot Nos.298/302 and 298/303 appertaining to S.A. Khati...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)

....sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......r Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondent   &n..

Category: Property Law | Date: | Hits: 30

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... his khash land as the same has already vested in the Government with effect from the date of notification dated 14-04-1956 for the wholesale acquisition under the provision of Section 3(2) of the State Acquisition and Tenancy Act, 1951. 9. Mr. Bhuiyan could not produce any gazette notific...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......res in Chandina Jote right under the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-landlord of the suit Touji and said Bhuiyan sold the disputed land to one Abbas Ali by two registered sale deeds dated 13.5.1948. Subsequently, Abbas Ali sold .04 acres of land to..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment Apri...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment April 26, 2006. ..

Category: Property Law | Date: | Hits: 41

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represented by the Secretary, Ministry of Education and......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..

Category: Employment/Service Law | Date: | Hits: 68

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......the averments, inter alia, that the suit land was acquired by the Government to rehabi­litate the refugees coming from India and thereafter, the Government allotted the suit land to one Rustom Ali who after constructing house started living therein; Rustam Ali then entered into a contract fo..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ  MM Ruhul Amin J Md. Joynul Abedin J Bangladesh and others......................Appellants Vs. Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Resu...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....s right under the statute cannot be modified, altered or affected by an amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, ......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others............. of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

.... on the strength of the temporary injunction made in the suit got no leg to stand upon……………………(12) Cases Referred to: A.F.M. Shah Alam and others, 41 DLR (AD) 6; Secre­tary of State Vs. Mask & Co., 44 C.W.N. 709; Wolverhampton New Waterworks Co. Vs. Hawkesford (6 C.B.N.S....... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents ......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ses 277. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For Respondent No.1 Not represented—Respondent Nos. 2 & 3. Ci..

Category: Election Law | Date: | Hits: 173

Nurjahan Begum Vs. State, 1989, 18 CLC (AD)

....Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent Judgme...... J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………........Appellant Vs. The State......………………………………................................Respondent......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..

Category: Criminal Law | Date: | Hits: 50

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. Is­lamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (A......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Dr. Syed Matiur Rob be­ing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Ju......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ocess of the Court. That Syed Moj­ibur Rob left Bangladesh during the liberation move­ment and that it is gathered from the photo copy of a letter dated 19.4.76 of Syed Mojibur Rob addressed to Mr. Ali Hafiz, retired Deputy Secretary, Finance, of 6 Bakshibazar Road, Dhaka, that Mojibur Rob died in..

Category: Property Law | Date: | Hits: 32

Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)

....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents J......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... Ed. ..

Category: Property Law | Date: | Hits: 33

Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)

....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Kazi Shamsul Huq & others………………Appellants Vs. Robeya Begum & others………………Respondents ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants   Khandker Mahbubuddin Ahmed, Senior Advocate, (Harendra Nath Nandi, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-3 Jillul Huq, Senior Advocate, instructed by ..

Category: Procedural Law | Date: | Hits: 93

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....e is being laid down for observing strictness of the proof of substantial and reasonable cause in making such delay. Standard of acceptance must, however, remain the same in case of both citizens and State". The question of condonation of delay in filing appeal by the State came up for consideration...... Case is also Reported in: ......doning the delay. 12. In 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: ......stan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faqir Muhammad, 10 DLR (SC) 168; Anantnag and another Vs. Mst. Katiji and others, AIR 1987 (SC) 1353; Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Government vs. Alauddin being dead his heirs, (2001) 6 MLR..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

..... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106