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

....) Present: Syed J. R Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abul Hashem..........................Petitioner Vs. The State represent­ed by the Deputy Commissioner, Cox's Bazar...........Respondent Judgment ...... (Criminal) Present: Syed J. R Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abul Hashem..........................Petitioner Vs. The State represent­ed by the Deputy Commissioner, Cox's Bazar...........Respondent ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 30

Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)

....l) Present: Md. Rahul Amin J Syed J R. Modassir Hossain J Abu Sayeed Ahammed J Mona alias Zillur Rahman.........Convict Appellant (In Jail) vs The State…………………..Respondent Judgment Ma......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... his younger brother victim shafique aged about 22 years while was returning home from the local Aladipur Bazar at 8. P. M closing his Grocery shop in the bazar being accompa­nied by one Nurul Islam and when they reached in front of shop of Anowarul Haque Mia, a co-villager of the victim, th..

Category: Criminal Law | Date: | Hits: 43

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ...... Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 1......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ...... petitioner thereafter prayed for Jimma (custody) of the trawler and the learned Chief Metropolitan Magistrate vide his order dated 18-10-2003 directed on Metropolitan Magistrate named Mr. Wahidul Islam Khan, to submit report after scrutinizing the records and accordingly the said Magistrate sub..

Category: Property Law | Date: | Hits: 31

Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

....Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Salim Ahmed @ Md. Salim Miah...........Petitioner vs The State…………………….Respondent Judgment ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......s Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant Abdur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on Record-For Respondent No.1 Not represented-Respondent Nos. 2-4 Ci..

Category: Election Law | Date: | Hits: 108

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and oth­ers.....Respondents Judgment May ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......a Nath Pramanik sold 0.70 decimals of land to the plaintiffs by kabala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissi..

Category: Property Law | Date: | Hits: 39

Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ...... Court Appellate Division (Civil) Present Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Jud......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......;. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Sree Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......ingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....l) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazul Karim J Amirul Kabir Chowdhury J Mainul Islam.........Petitioner (In both the Cases) Vs The State & another….....Respondent (In Criminal Petition No. 189 of 2003) The State......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......d. ..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

....nt: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents Judgment May 24, 2005 Lawyers In......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 27

Shahabuddin Vs. State, 2006, 35 CLC (AD)

.... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Lawyers Involved: ......ate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Law...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)

....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... Ed. ..

Category: Criminal Law | Date: | Hits: 38

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

.... K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……………………………&hellip...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....2001) Sajjad Shaheen @ Prince...................Appellant (In Criminal Appeal No. 15/2001) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respondent (In all case......al Appeal No.14/2001) Sajjad Shaheen @ Prince...................Appellant (In Criminal Appeal No. 15/2001) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respond......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

.... (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J M. M. Ruhul Amin J Md. Golam Murtuza @ Isphil..........Appellant vs The State……………………………&hellip......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... Tauhidur Rahman @ Rubel lying dead with some cut injuries on his neck and head that one Ayenuddin of his village approached him and told that Selima Begum, wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. for taking water from tube well and called by t..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

....(Criminal) Present: J. R. Mudassir Husain C J Mohammad Fazlul Karim J Md. Tafazzul Islam J Delip Kumar Shaha.................Petitioners Vs The State……………………………&hellip...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ngly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....ed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and oth­ers......................Petitioner Vs The State..............................Respondents Judgment August 31, 2005. Lawy......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

.... ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

.... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...................Appellant vs Ayjuddin Gazi being dead his heirs Amjad Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......t attention to the evidence of four P.Ws. examined by the defendant No.1. The plaintiff Ayjuddin Gazi as RW.1 in his evidence stated that he has been possessing the suit land through bargader Nurul Islam son of Ansar Gazi of Village-Beyar Jhapa but there is no borga kabuliyat and no receipt. P.W..

Category: Property Law | Date: | Hits: 35