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State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment November, 2005 Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by, Ahsan Ullah Patwary, Ad......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....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. ...... National Board of Revenue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Respondent Judgment August 3, 2005. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners Md.......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)
....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. ...... Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......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, Adv......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. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....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: ......he Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-Fo......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)
....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. ......Ilahi Vs. Mohammad Hayat Khan and others, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another AIR 1927, PC. 230; Mt. Jahan Ara Begum Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir ......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. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ....................(14) Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR AD 74. Lawyers Involved: Abdur Rob-1, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-F...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....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. ...... Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Sha......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)
.... 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 ......h 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 instructed by Md. Zahirul Islam, Advocate-on-Recor...... 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 ..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....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. ......ing admitted by the learned advocate and also assurance given that no such repetitions will occur and 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 b......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. ..Category: Criminal Law | Date: | Hits: 55
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. ......he law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by ......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. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....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....... secretary as because the impugned order was the order that emanated 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......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...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. ...... that irregularity in the sale 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) instruct......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. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....ners Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Par......Vs. Mahtabuddin Ahmed...................……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 .........……………………………………………...Respondent Judgment January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an ord..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......usan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election Commission, PLD 1966 (SC)1 (26). Lawyers Involved: T.H. Khan, Senior Advocate (Abdul Wahhab, Advocate with him) instructed by Md. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......is too much to ask for any such evidence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advoca......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......;……….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent Judgment February 12, 2006 Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advoc......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......n Islam…………Petitioner Vs The State……………………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, De......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......eogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......smail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......llip;……Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
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