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Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Shamim Khaled Ahmed, Advocate, instructed by......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mohammad Junayed Quader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment ..

Category: Civil Law | Date: | Hits: 94

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate, instructed by Sharifud...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Chowdhury J Abdul Wahed ........................................Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment..

Category: Property Law | Date: | Hits: 35

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....nt: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Monzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ...... Monzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Recor......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 33

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant Sk. Razaque Ali, Senior Advocate, instructed by A.K...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Present: Md. Md. Ruhul Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represent­ed by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. ..

Category: Property Law | Date: | Hits: 42

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......ellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Anowarul Hoque being dead his heirs1 (a): Md. Ruhul Amin and others.....Petitioners Vs. Mohammad Tafazzal Mondal and others.............Respondents Judgement June..

Category: Property Law | Date: | Hits: 28

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ingly the same is dismissed with costs. Ed. ...... Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodia..

Category: Property Law | Date: | Hits: 35

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......ellip;.Respondents. Judgment January 12, 1998 Lawyers Involved: A. K. M. Shafiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Khan Saifur Rahman, Advocate, instruct­ed by Shamsul Hague Siddique, Advocate -on-Record- For ...... Abdur Rouf J      Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Akond and others…………………&he..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... No.3 all the relevant appli­cations particulars, statements, photos, declara­tions for sponsors shares in the name of the petitioners and also their daughter Mahmuda Siddique and son Muhammad Asif Hossain and declarations to the effect as to agree to work as Director in the proposed Jamuna Bank L...... 2004) Nur Hussain and others….................Respondents (In Civil Petition No. 06 of 2004) Judgment January 4, 2005. Result: Leave is granted. Lawyers Involved: T.H. Khan, Senior Advocate, (Dr. M. Zahir, Senior Advocate with him), instructed by Syed Mahbubur Rahman,......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashio......eda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 64 of 2004) Judgment July 25, 2006 Result: All the three appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman. Advocate-on-Record-......pellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of ..

Category: Property Law | Date: | Hits: 91

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. ...... (In Criminal Appeal No. 5 of 1997) Vs. The State........................................Respondent Judgment November 18, 1997. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instruc...... 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..

Category: Criminal Law | Date: | Hits: 44

Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)

....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be dis­charged from the bail bond. Ed. ......llip;…………………..Respondent Judgment August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandk...... August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandker Gulzar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufia Khatun, Advocat...... M.M. Ruhul Amin J Amirul Kabir Chowdhury J Rokanuddin Sheikh ……………………………….Appellant Vs. The State…………………………..

Category: Criminal Law | Date: | Hits: 31

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. ...... Supreme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent ......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. ..

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. ...... those barrles were loot­ed by dacoity from Banibaha Bazar and kept in Ali Akbar's shop, that they found another 27 barrels and some other empty barrels in Ali Akbar's shop and also found Abul Hossain a close man of Ali Akbar, sleeping in the shop, that on getting information, the local chai......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. ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... 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. ......l) Present: Md. Ruhul Amin J M.M. Ruhui Amin J Md.Tafazzul lslam J Bangladesh Shipping Corporation & others...............Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 200......stan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Bodruzza, Advocate with him) instructed by ASM Khalequzzaman, Advocate-on-Record-For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate With him) instructed by Md. Nawa...........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. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......smissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....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. ...... Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellants. Sigma Huda, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respondent Nos......nts Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record—Fo...... 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..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......remises in suit, the plaintiff forfeited her right of taking possession upon ejectment of the tenant. In sup­port of the aforesaid contention the learned Counsel has referred to the case of Mustaque Hossain vs. Md. Shajahan Miah and another reported in 57 DLR (AD) 60. In the reported case section 1......ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Md. Tafazzul Islam J Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. La..

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

.... 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. ......………………Respondents    Judgment March 16, 2006 Lawyers Involved: Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Resp...... 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. ...... 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)

.... 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. ......4); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for Leave to Appeal No. 26 of 1992. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate- on-Record-For the Appellants Mohammad Nazrul Islam, Senior Advocate, inst...... 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. ...... 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 ..

Category: Employment/Service Law | Date: | Hits: 113

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ......udassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Runu Akhter.................... ...........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Refer......arkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Referred to- 7 DLR 637 Lawyers Involved: Shaukat Ali Khan, Senior Advocate (Rehan Husain, Advocate with him), instructed by Nurul Islam Bhuiyan, Advoca...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31