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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....d no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... on the death of Fatema Bibi Abdul Barek, Hayatunnessa, Daulat Bi, Mohor Bi and Ratan Bi sold their interest to Zeon Bibi who died leaving son Awlad Hussain who died leaving sons Taleb Hossain and Monir Hossain, that Taleb Hossain died leaving the plaintiff and the brother Monir Hoss......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its Attorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.…………�......l Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Moinul Huq, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Asrarul Hossain, Senior Advocate (CSS Halder, Senior Advocate with him) instructed by Ranesh Chandra Maitra,......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......hahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its Attorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……………………..…..Respondent Judgment May ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....is liable to be set aside as a whole. Fresh Notification may be made on completion of the election in Ward No.1……………(6 & 7) Lawyers Involved: Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Shahid Alam, Advocate instructed b......to be set aside as a whole. Fresh Notification may be made on completion of the election in Ward No.1……………(6 & 7) Lawyers Involved: Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Shahid Alam, Advocate instructed by Sharifud......he members. The impugned Notification is liable to be set aside as a whole. Fresh Notification may be made on completion of the election in Ward No.1……………(6 & 7) Lawyers Involved: Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secr..

Category: Election Law | Date: | Hits: 126

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....y civil in nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-Gener...... nature. Thus the appeal is allowed and the impugned criminal proceeding pending against the appellants quashed………….(8) Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General instruc......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Syed Ali Mir and another......………………….........Accused-Appellants Vs. Syed Omar Ali and another.... ...……………...........Respondents Judgment May 13..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....72 of 1989). Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate, with him) instructed by Mr. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 5 (In Civil Appeal No. 72 of 1989). Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.7 (In Civil Appeal No. 72 of 1989). ......auchope (1819) 1 Bligh 1 (21): Douglas Menzies Vs. Umphelby 1908 AC 224 (232); PLD 1971 (SC) 376(390-391); Ganges Manufacturing Co. Vs. Sourajmull, ILR 5 (Cal) 669. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Shah Abu Nayeem Mominur Rahman, Advocate with him), instructed by Sharifud......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, represented by its Chairman & others......

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....lternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. M. Zahir, Senior Advocate instructe...... in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment Janu..

Category: Property Law | Date: | Hits: 50

Abul Khair Vs. State, 2005, 34 CLC (AD)

....ppellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......t and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..

Category: Criminal Law | Date: | Hits: 52

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....n ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md. Nawab Ali, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No......ue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md. Nawab Ali, Advocate-on-Rec......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....e appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...........Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved: A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Mustafa Niaz Mohammad, Advocate instructed by Md......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ed in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Biseruddin Sardar & others………….....Appellants Vs Md.Tofazzal Hossain Biswas & others………Respondents Judgment December 13, 2004. The Evidence......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

.... is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......awab Ali, Advocate-on-Record- For the Appellants. Khandaker Mahbubuddin Ahmed, Senior Advocate, (M.I. Farooqui, Senior Advocate and Abdul Quayum, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......Wahidun Nabi and another………………...Appellants Vs Jatindra Mohan Roy and others………...Respondents Judgment August 2, 2004. Cases Referred To- Sheikh Rahmat Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and an..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

....etition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......fs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and o..

Category: Business or Commercial Law | Date: | Hits: 100

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

.... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... in the year 1965 the petitioner joined in the police department as a temporary constable and in the Service Roll he stated that his name is K.M. Md. Shamsul Alam and his fathers name is K.M. Zahid Hossain and his date of birth is 1940 and the Survey Form of National Education Survey, 1999 of Ed...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawyers Involved: S. N. Goswami, Advocate inst..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....the impugned findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — F......ed findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the Re�......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M A Wahab, Advocate..…………..............Petitioner Vs. The State...................……………............Respondent Judgment August 30,..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....gether, for, the same relief can be had under both the Articles………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the......s………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. S R Pal, Senior Advocate (Tofazzal Islam, Advo......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgme..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......cial Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by M. Nowab Ali, Advocate-on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For th......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kamruzzaman................................Appellant Vs. The State...........................……....Respondent Judgment July 19, 1990. Re..

Category: Criminal Law | Date: | Hits: 58

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....e Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Syed Ishtiaq Ahmed, Senior Advocate, ......ated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Aftab Hossain, Advoc......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218....... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgment Ju..

Category: Election Law | Date: | Hits: 146

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale………………(8) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Hoque, Advoca......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment Ju..

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... made enabling the President to make an order whenever necessary in respect of such cases…………………(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Petitioners. Shamsul Huq Chowdhury, Senior Advocate, ins...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Principal Secretary, President's Secretariat, Dhaka & ors............Petitioners Vs. Mahtabuddin Ahmed...................……………………………………………...Res..

Category: Criminal Law | Date: | Hits: 53

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