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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. ......'s freedom of association was upheld by the Supreme Court. 28. In the case of Abul-A'la Maudoodi an order was passed under section 16 of the Criminal Law Amendment Act, 1908 declaring the Jamaat-i-Islami, a political party, unlawful. The respondents' case was that the order was necessary in the i..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.......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...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. ......ealth Centre, P Ws. 2 and 3, have deposed that the deceased injured Mahmuda gave the statement which was recorded by P W 19 in their presence. It was suggested to P W 2 that his Compounder, one Nurul Islam, was an accused in a criminal case which was investigated by the appellant's husband, Abu Bake..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. ......aryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (AD) 135. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellants..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. ......er VII rule 11 in the application filed by the defendant. The learned Joint District Judge is fully justified in rejecting the petition….(23 & 25) Lawyers Involved: Nurul Islam Bhuiya, Advocate- on-Record- For the Petitioner. Sufia Khatun, Advocate-on Rec..Category: Property Law | Date: | Hits: 33
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: ......nce in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..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
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......ed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
.... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Wasim Mia...................................Petitioner vs The State, represented by the Deputy Commissioner, Netrokona…………..Respondent......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....inal) Present: Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case ......Rouf Sarder...............Petitioner Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdul Malek, Senior Advocate, in......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......iminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... Order: August 8, 2004. Result: Leave is granted. Lawyers Involved: Mansurul Hoq Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Shorful Islam Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....ul Karim J M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Nurul Amin………………………...Petitioner vs The State represented by the Deputy Commissioner, Pabna.....Respondents Judgment November......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......sed by the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004) Judgment: Amirul Kabir Chowdhury J. - Accused petitioner Md. Nurul Islam seeks leave to appeal against judgment and order dated 15.02.04 passed by a Division Bench of..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent......e Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.............. made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
.... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State……………………………&hellip......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
.... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respondent Judgement February 29, 2004. La......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....less such proceedings end with acquittal. Cases Referred to- Government of India and another vs. C. A. Balakrishnan and others, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others Vs. Bangladesh Oil, Ga......: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir Ahmed and another...................Respondents Judgment Ma......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
.... of civil courts and having all the powers which the subordinate Courts may exercise it is competent to entertain all actions as a Court of original jurisdiction which may lie in any Court in that State. The Court held: For this exalted claim, there is no warrant in our jurisprudence. Jur......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. Civil Appeal N..Category: Civil Law | Date: | Hits: 119
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