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Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....ed. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....cting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......ed respondents were prosecuted in Sessions Case No. 38 of 1990 in the court of Sessions Judge, Barisal. They were charged under sections 302/34 of the Penal Code for committing murder of one Faujia Rahman (25) and also under sections 201/34 for causing disappearance of evidence of the murder and ......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide..

Category: Criminal Law | Date: | Hits: 129

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....gly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.............

Category: Civil Law | Date: | Hits: 104

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....erference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (In all the cases). Abdul Quayum, Senior Advocate, in­structed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondents (In all the cases). Civil Petition for Leave to ......2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......hul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment September 3, 2007. ..

Category: Employment/Service Law | Date: | Hits: 79

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....ind no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Sufia Khatun, Advocate-on-Record—For the Appellants Dr Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For Respondent No.1. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ..

Category: Criminal Law | Date: | Hits: 48

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instruct...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......s dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....y interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170; Australasia Bank Ltd. Vs. Me......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1......er Chowdhury CJ Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Resul..

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advo­cate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instr......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......— For the Respondent. Civil Appeal No. 19 of 1988. (From the judgment and order dated 10.12.1986 passed by the High Court Division, Dhaka in Civil Revision No. 255 of 1986). Judgment MH Rahman J.- This appeal by special leave, at the instance of the plaintiff-appellant M/s. Channel Cin......rds & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record— For the Appellant. Sk. Afzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 1 of 1981. Judgme......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... I. T. Comm. V. Ex­press News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil ......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....ses Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant in both the appeals. M.H. Khandker, Sen......result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......s to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......¦â€¦......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment February 6, 1986. Result: The appeals are al­lowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908)..

Category: Procedural Law | Date: | Hits: 84

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....eferred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. Shafique Ahmed, Advocate, Mesbahuddin Ah......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......d in: 42 DLR (AD) (1990) 107. ......J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Re..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....eferred to- Ready Mixed Concrete (South East) Ltd. V. Minister of Pensions and Na­tional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Bank­ing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Ab­dul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior A......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......d. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......MH Rahman J ATM Afzal J Abdul Mannan Taluk­der……………………………………………………….............Appellant Vs. Bangladesh House Buil­ding Finance Corpora­tion and another..............Respondents Judgment December 12, 1989. Result: The appeal is..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....dence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellan...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanctio..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

....d: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record, — For the Appellant. Khan Saifur Rahman, Advocate (M.A. Wahhab Miah, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent No. 1. Respondents No. 2-6 — Not Rep...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......ce but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record, — For the Appellant. Khan Saifur Rahman, Advocate (M.A. Wahhab Miah, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-R...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....e Act is inexorably attracted and it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Pun­jab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Co......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......has been held by the Supreme Court of Pakistan that if the person concerned has full knowl­edge of the contents of an order (of requisition) ser­vice of the notice on him is not necessary. Hamoodur Rahman, J. however held that although non-service of the order will not render the order itself in­...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....igh Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Re­ports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appel­lant. Md. Abut Quasem, Advocate-on-Record......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....ivision was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. A. W. Bhuiyan, Additional Attorney-Ge......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......hahabuddin Ahmed J MH Rah­man J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....ad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Md. Fazlul Karim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For Re­spo......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......spondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1988). Judgment MH Rahman J.- This appeal is directed against the judgement and order dated 8th January, 1989 passed by......sent: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow..

Category: Election Law | Date: | Hits: 111