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Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......i Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) Yunus Ali.....................................Accused Appellants (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment Novem......granted in these two appeals by leave to consider the question of sentence only. 2. Accused appellant Sekander Ali Howlader of Criminal Appeal No.4 of 1997 and accused- appellants Yunus Ali, Abdul Barek Akon and Mosharref Hossain of Criminal Appeal No. 5 of 1997 were tried by the Divisiona...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......on (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. ...... trial court. 5. We have considered the submissions made by the learned Advocate. 6. On perusal of the record it appears that the trial court examined witnesses including P.W. 2 Abdul Wadud Sarker who deposed that accused petitioner Zakir Hossain was found in possession of a p......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ....... 2. The prosecution case, in short, is that the informant Md. Fazlur Rahman Mia, son of late Masem Ali Mia, of village Kalichandpur, Police Station and District Rajbari with the help of Mr. Abdul Hashem Sarder, the Chairman of Alipur Union Parishad No. 4 Rajbari, and Md. Abdul Haque, Sk.......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....ut any order as to cost. Ed. ...........Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. .....................Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (S...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents J...... Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Responden......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....usly instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....as to costs. Ed. ...... and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave ...... (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam J Principal, Pabna Cadet College, Pabna, Bangladesh and another ............Appellant Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases R...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......3. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Re......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....t: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. Lawyers Invo...... (Civil) Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....04 and that by the amended Padannoti Nitimala the Board of Directors kept themselves away from the promotion process and left the whole matter of promotion with the Bank management in the sprit of Bangladesh Bank's BRPD circular letter No.3 dated 19.2.2002 and it was further mentioned that the p...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......ir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................Respondents Judgement: October 26, ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....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. ...... Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Mukter Hossain Khan (Md.).......................Appellant Vs. State………….Respondent Judgment January 3, 2......BLD (AD) 2008, 53. ......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
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ision (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgm......008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... 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......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. ..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... 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 ......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment ......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. ..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. ......11, 38. ...... ......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. ......ions 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. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....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......esent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment......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. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....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......e Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Belal Hossain.....................Petitioner Vs. Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Re......hammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Res......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:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....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...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Law......n 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. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... 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...... M.M. Ruhul Amin J Md. Tafazzul Islam 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, M......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. ..Category: Administrative Law | Date: | Hits: 125
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