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Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....ody was that of the daughter of the condemned prisoner Mukter Hossain. On the basis of the written application initially an GD Case No. 14 of 1995 was registered with the Ghior Police Station. Sub-Inspector Zaminur Rahman visited the place of occurrence, prepared the inquest report of the dead b......sent in the house when the occurrence took place……….(7)  Lawyers Involved: A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. Jail Appeal No. 1 of 2006. (From the judgm......al affirming the conviction and capital sentence awarded under section 302 of the Penal Code. 2. The short fact is that on 18-7-1995 one Monowara Begum (PW 6) lodged information with Ghior Police Station that a body of a female child was floating on the water in a nearby bamboo bush on t......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................Responde..

Category: Criminal Law | Date: | Hits: 33

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 ..

Category: Banking Law | Date: | Hits: 157

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ate vs. Ful Mia, (2000) 5 BLC (AD) 41; Abdul Karim vs. State and another, (1981) 1 BLD (AD) 200; Abdur Rashid vs. the State, 27 DLR (AD) 1. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record- For the appellant. Abdul Jabbar......4 of the Penal Code to which they pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statement of the informant (P.W.I), P.W.7 was the Up......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling upon the respondents to show cause as to why the respondent Nos.1 to 3 should not be directed to appoint the petitioner M. Rafiul Karim son of late Bazlul Karim Chowdhury of Village-Barakhain, Police Station-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......urt Division allowed the appeal without considering that the properties in possession of the defendants are in danger of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation..

Category: Property Law | Date: | Hits: 36

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......etition. On appeal in Election Appeal No.1 of 2003 before the learned District Judge and the Election Appellate Tribunal, Barisal considering a circular (being No.10 dated 14.05.2001) issued by the Bangladesh Bank and Sub-section 5 (ga) of Section 5 of the of Bank Company Ain, 1991 held that the o..

Category: Election Law | Date: | Hits: 162

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......nbsp;               Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 pass..

Category: Property Law | Date: | Hits: 28

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. ......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. ...... 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, Ministry of Posts and Tele­communications, Banglades..

Category: Administrative Law | Date: | Hits: 125

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

....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. ..........................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner    ...... Uddin died on way to Ullapara Hospital. P.W.5, Md. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3.  Police on completion of investigation submitted charge sheet in the case. During trial the accused......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)

....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. ......................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not r......ed by a Division Bench of the High Court Division granting bail to the accused-respondent in Criminal Appeal No.2625 of 2000 arising out of Nari-O-Shishu Case No. 5 of 1999 corresponding of Pallabi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for tr......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. ..

Category: Criminal Law | Date: | Hits: 44

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. ...... present the Bank has three foreign sponsor-directors in Group-B namely, Mr. Ahmed Saleh Jamjoom, Mr. Abdullah Omar Naseef and Dr. Hamid Al Gabid, who were re-elected as directors in the 5th Annual General Meeting of SIBL held on 1st August, 2000. In the said Annual General Meeting it was resolv......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. ...... Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated direc..

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

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

.... 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. ...... 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. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others..............................

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 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 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. ......ain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjahan Bewa 1 M..

Category: Property Law | Date: | Hits: 41

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. ......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. ......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. ...... (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 Judgment ..

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. ......uch owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafique-ul Huq, Seni...... 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. ......rted in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

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

.... 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. ......ndsari Vs. State of Uttar Pradesh AIR 1981 (SC) 873 (880); M/s. Sukhanandan Saran Dinesh Kumar V. Union of India AIR 1982 (SC) 902 (911); Kazi Mukhlesur Rahman Vs. Bangladesh 26 DLR (SC) 44: Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634); All India Bank Employees As­sociation V. The ...... 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. ......vision (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........Respon..

Category: Constitutional Law | Date: | Hits: 170

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

....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.......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)

....e Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………â......…(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Appellant B. Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record. — For the Respondent (State) Cr......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Nurjahan Begum, wife of Abu Bakar Siddique, Sub-Inspector or Police, Banaripara Police Station, Dist. Bakerganj...........................………………...........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)

..... The appellant, Dr. Syed Matiur Rob died during the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties,......aq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellants (In both the ap­peals) A. W. Bhuiyan, Additional Attorney-General, instructed by M. R. Khan, Advocate-on-Record— For the Respondent Nos. 1-3(In both the app......Syed Matiur Rob died during the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being h......ider 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 Judgment ..

Category: Property Law | Date: | Hits: 32