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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appellant. Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Re...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....the appeal……………………(22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahme......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......(22) Lawyers Involved: Rafique-ul Huq, Senior Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record &mda......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ..Category: Business or Commercial Law | Date: | Hits: 107
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....ek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rah...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......tends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Samp...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
.... confessional statement and non examination of the magistrate who held the T I parade are no ground for acquittal. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....n (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ..Category: Employment/Service Law | Date: | Hits: 70
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....a suit challenging the validity of an award or an agreement without filing an application under section 33 of the Act and that the suit of the present nature was not maintainable. 4. Mvi. Md. Wahidullah, learned Advocate-on- Record, appearing for the petitioners, submits that the learne...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners Vs. Abdul Kader and Others…………………...Respondents Judgment&nb..Category: Civil Law | Date: | Hits: 104
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....R (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....de party but not by others on the ground of non-joinder………………(5) Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-o......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh an...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and oth..Category: Civil Law | Date: | Hits: 127
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....llate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. P......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......) 217, Shahabuddin vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. C....... Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
.... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment &n......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. Masud Khan…….………..Respondent Judgment &nb...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. Masud Khan…….………..Respondent Judgment &n......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p..Category: Property Law | Date: | Hits: 59
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....ikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. Lawyers Involved: Subrata Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented &m......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. ………………………&......y J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others……………………………&h..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....CJ Latifur Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgm...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......hip of the pre-emptor in the land continues and, in that view, we allowed the pre-emption Nos. 36-38 of 1995. 8. Leave was granted in the review petition to consider the submission of Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the pre-emptee-appellant, to consider wh......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment &n..Category: Property Law | Date: | Hits: 57
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
.... ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. S..Category: Property Law | Date: | Hits: 51
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... State of Maharastra vs. Sukdeb and another, 1992 Supreme Court Decision Vol. III page 700, Hatu Mallik & others vs. State, 19 DLR 662, Shahadat Hussain vs. The State, 39 DLR 72, State vs. Md. Musa, 15 BLD 169. Lawyers Involved: Serajul Huq, Senior Advocate, instructed b...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......inal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ………..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....and others, 48 DLR 199, Phassco Hardware Company vs. The Government of Pakistan, PLD 1989 Karachi 621. Lawyers Involved: Dr. Kamal Hossain, Abdul Baset Majumder Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants (In both the Appeals). Mahmudul Islam,...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ....... 36. The requirement of section 14 of the Ordinance is to afford an opportunity of being heard by giving a notice in writing. An opportunity of being heard must be given as under the statute. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the respondent, submits that show cause n......D) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......ructed by Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by the High Court Division in Civil Revision No. 117 of 1993). ..Category: Procedural Law | Date: | Hits: 118
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....hellip;……….Petitioner Vs. Md. Iqbal Ahmed and others………………….Respondents ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......hellip;….Petitioner Vs. Md. Iqbal Ahmed and others………………….Respondents Judgmen..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......sp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,..Category: Property Law | Date: | Hits: 64