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Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....nd to demolish the structure, if any, already constructed. Ed.   ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ...... by ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Dr Kazi Akhter Hamid, Advocate, instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 1. Mainul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

.... their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......ed: SM Munir, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Syed Badrul Alam, Advocate, (with the leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 1, 2, 11, 17, 24 and 39. Not represe......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment M..

Category: Property Law | Date: | Hits: 59

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....on calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......on rightly found that the preemptor Respondents are entitled to get the benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. ......ppellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment ..

Category: Property Law | Date: | Hits: 68

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....of Bihar vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Governm...... Ed. ...... ......vil) Present : Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Anwar Hossain………………….Appellant Vs. Mainul Hosein & others... ......Respondents Judgment May 2, 2005. ..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

..... The petition is dismissed. Ed. ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......relief for a decree by way of realization thereof………….(6) Cases Referred to- Sk. Md. Junaid and others vs. Turner Morrison & Co. Ltd. 26 DLR 111; Ahmed Hossain vs. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR ......d JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment ..

Category: Civil Law | Date: | Hits: 91

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

....o merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—Respondents. ......resent: Md. Ruhul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment Ma..

Category: Property Law | Date: | Hits: 67

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....fere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......ses, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissed……..(9 & 10) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record for the petitioners (In both the cases). A. B. M. Khalequzzaman...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15..

Category: Tenancy Law | Date: | Hits: 67

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....ssed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul  Haque, IG Police and others..................Appellants Vs. State............................Respondent Judgment December 7, 2004..

Category: Criminal Law | Date: | Hits: 64

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to cost. Ed. ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......llector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain. Advocate-on-Record— For the Appellants. Md. Wahidullah, Advocate-on-Record......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment ..

Category: Banking Law | Date: | Hits: 121

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

....33 Indian Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam Abbas vs .Razia Begum and others AIR 1951 Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ......Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 DLR 599; Ashutosh Mali and others vs. Shamsunnahar and others 33 DLR 254; Ahmed Hossain and others vs. Basharat Ali and others 32 DLR (AD) 54; Dukhiram Mondal vs. Aminuddin Molla ...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Fatema Khatun and others...................Appellants Vs. Abdul Quddus..............Respondent Judgment November 21, 2005. ..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

.... Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement October 21, 2......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......solute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record —For the Appellants. Md. Abdul Wadud Bhuiyan, Senior Adv...... (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others.......................Respondents Judgement O..

Category: Property Law | Date: | Hits: 77

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....im), instructed by Sufia Khatun, Advocate-on-Record—For the Appellant (Civil Appeal Nos. 386-87 of 2003). Rafique-ul-Huq, Senior Advocate, (A Hasib, Senior Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (Civil Appeal No. 383-84 of 2003). Dr Kama......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......003). Rafique-ul-Huq, Senior Advocate, (A Hasib, Senior Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (Civil Appeal No. 383-84 of 2003). Dr Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzz......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....nd others 13 DLR 287; Sital Chandra Kole and others vs Mohilal Kole and others 58 CWN 1000; Mozaffar Ahmed Bepari vs Duar Ali and others 1 BLC (AD) 25. Lawyers Involved: Chowdhury Md. Jahangir, Advocate-on-Record— For the Appellants. Ex parte— The Respondent N......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......f Property Act shall not apply to resist redemption……(16) Cases Referred To: Government of Bangladesh vs Sheikh Md All Asgar 1994 BLD (AD) 219; Shafi Khan vs Mannujan Hossain 35 DLR (AD) 225; Abdus Sattar Mallick vs Younus Mallick and others 12 DLR 849; Tarapada Kar...... (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment ..

Category: Property Law | Date: | Hits: 71

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......কজন ঘটনাস্হলে আসিতে থাকিলে আসামীরা পলায়ন করে।” 14. The learned Counsel however, insisting on evidence of PW 11 Amir Hossain who investigated the case initially, submits that even the investigating officer admitted th......Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Yogeshwar Gope………………….Petitioner Vs. State............................Respondent Judgment December 12, 2005. Result: ..

Category: Criminal Law | Date: | Hits: 47

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....ioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......tself……………..(6) Cases Referred To: Nur Mohammad vs. Badruddoza and another 42 DLR (AD) 116; AFM Shah Alam vs. Mujibul Huq 41 DLR (AD) 68; Mostafa Hossain vs. SM Faruque 40 DLR (AD) 10; Sheikh Abdus Sabur vs. Returning Officer 41 DLR (AD) 30. ......llate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commis­sion and others...............Respondents Judgm..

Category: Election Law | Date: | Hits: 106

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

.... Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ....... Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J M Ruhul Amin J Md. Tafazzul Islam J State.....................Appellant Vs. Abdur Rahim…………………….Respondent..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....nsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......reme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain J Md. Fazlul Karim J Amirul Kabir Chowdhury J AHS Rahman………………………Petitioner Vs. State...................  Respondent Judgment June 15, 2005. The Code of Crimin..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....about 7-30 PM accused Wasikur Rahman killed Tutul, brother of Md Liton, in front of Shanka Cinema Hall, Khulna while co-accused Moshfequr Rahman caught hold of the victim. On getting the information, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first informat......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......so Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

.... Lawyers Involved: MA Sobhan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No. 1. Not represented—Respond......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......t: Syed JR Mudassir Husain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2..

Category: Employment/Service Law | Date: | Hits: 66