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Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......d. Ruhul Amin CJ  MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J      Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment  &nb...... ......ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... Md. Tafazzul Islam J                   Md. Abdul Matin J    State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment     ...... Md. Ruhul Amin CJ   MM Ruhul Amin J   Md. Tafazzul Islam J                   Md. Abdul Matin J    State..........Appellant Vs. Sailendra Chandra Borman........... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..

Category: Criminal Law | Date: | Hits: 63

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

.... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh……………………………&h......p;………………………………………………………….Appellant Vs. AAM Salekuzzaman and another…………………&he......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....ivil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J ASF Rahman and others ……………………………………Petitioners Vs. Bangladesh Bank and others …………………………….Respondent Judgment July 12, 19...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J ASF Rahman and others ……………………………………Petitioners Vs. Bangladesh Bank and others …………………………….Respondent Judgment Jul......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....ary seat from the aforesaid constituency comprising the local areas of Pirojpur, Nazirpur and Indurkani Police Stations. There were 93 polling centres. The election petitioner was a nominee of the Bangladesh Awami League having the election symbol ‘Nouka’ while opposite party No. 5 w......dhury J Moulana Delwar Hosain Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others………………&helli......e election in different polling centres suffered from various illegal and corrupt practices and non-compliance of the provisions of the Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superintendent of SM Darussunnat Dakhili Madrasha, was appointed one of the 4 Assista......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..

Category: Election Law | Date: | Hits: 126

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... Appellate Division (Civil) Present Syed ABM Husain CJ Kemaluddin Hossain J Fazle Munim J Ruhul Islam J Chera Dangi Mela Committee….………………… Appellants Vs. Mohammad Yusuf Ali & others..................Respondents Judgment January 30, 19......ry 30, 1978. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..

Category: Trust/Waqf Law | Date: | Hits: 185

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....(Civil) Present Kemaluddin Hossain J Fazle Munim J K.M Subhan J Mozzammel Haq……………………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. Lawye......ion (Civil) Present Kemaluddin Hossain J Fazle Munim J K.M Subhan J Mozzammel Haq……………………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. .................Respondent Judgment March 01, 1978. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Appellant. Md. Abdul Aziz, Advocate-on-Record- For the Respondent No. 5. Not Represented-Respondent Nos. 1......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..

Category: Election Law | Date: | Hits: 114

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......n Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the appeals) Vs. State and another…………………...Respondents ......ppellate Division (Criminal) Present Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In bot......te Division (Criminal) Present Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Wahab Talukdar alias Mohammad and others…………...Appellants (In both the ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....A.B.M. Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Mariam and ors……………..Appellants Vs. Bangladesh………………….Respondents Judgment ...... Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Mariam and ors……………..Appellants Vs. Bangladesh………………….Respondents Jud......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..

Category: Civil Law | Date: | Hits: 89

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... DLR (SC) (1978) 244. ......rred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..

Category: Tenancy Law | Date: | Hits: 142

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....ll Cause Court has been effectively ousted, despite the fact that the procedure for conciliation has been put into abeyance in view of the dissolution of all legal council and Municipal Committees in Bangladesh by virtue of Article 3 of Presidential Order No. 7 of 1972. Learned Counsel has referred ...... Division (Civil) Present: Syed A. B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhaitacharya J Leakat Ali Sowdagar………... Petitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..

Category: Tenancy Law | Date: | Hits: 163

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

.... 9. As regards the second point, Mr. Huq contended that in view of rule 162 of the De­fence of Pakistan Rules, 1965, the respondent Abani being an alien enemy cannot prosecute any litigation in Bangladesh with respect to any property. It is to be noted that the respondent filed a suit ......ppellate Division (Civil) Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 197......This Case is also Reported in: 30 DLR (SC) (1978) 222.   ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Court Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) ...... ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ..

Category: Constitutional Law | Date: | Hits: 307

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......eme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment   February 18, 2......¦â€¦â€¦â€¦..(16) Cases Referred to- Electronics Trade and Technology Develop­ment Corpn Ltd., Secunderabad vs. Indian Technolo­gists and Engineers (Electronics) Pvt. Ltd. AIR 1996 (SC) 2339; Abdul Quader Chowdhury vs. State 28 DLR (AD) 38. Lawyers Involved: AM Mahbubuddin, Advocate (a......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 138

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ...... (Criminal) Present: Md. Ruhul Amin CJ   MM Ruhul Amin J  Md. Abdul Matin J   Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others……...Respondents Judgment  &nbs...... (2008) 277.  ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ..

Category: Criminal Law | Date: | Hits: 50

Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)

....ivision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: S......ismissed Ed. ......the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion 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: Civil Law | Date: | Hits: 111

Bangla­desh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)

....shy;desh and others..................Appellants Vs. Md. Salahuddin Talukder ..........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Cust......esent: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangla­desh and others..................Appellants Vs. Md. Salahuddin Talukder ..........................Respondent Judgment No......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60.  ..

Category: Constitutional Law | Date: | Hits: 133

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

.... (Civil) Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another............................ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......e Court Appellate Division (Civil) Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina a......ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

.... Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs.............. Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsul Huda and others..................Respondents Judgment M......ellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justi......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

....pending, also filed Admiralty Suit No. 44 of 1994 in the Bombay High Court claiming from the defendant No. 2 the same very dues as claimed in the above money suit and got the above MV Loyal Bird, a Bangladeshi vessel, arrest­ed while she went to India in connection with her voyage and due to ......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment Decembe...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..

Category: Civil Law | Date: | Hits: 111