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Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

....orted in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......mants are to establish the extent of their ownership in due process of law, if not already determined. …………………(9) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate- on- Record —......y Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respo..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

.... 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......n Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him), instructed by Md. Zahangir, Advocate-on-Record - For the Petitioners. Syed Ishtiaque Ahmed, Senior Advocate, (Syed Shahid Hossain, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent. ......y Choudhury J Universal Pharmaceutical Ltd. and another…………………………….………..Petitioners Vs. Social Marketing Company …………………&hell..

Category: Intellectual Property Law | Date: | Hits: 242

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

....petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......spensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involved: SR Pal, Senior Advocate, (B Hossain, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Peti...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respon..

Category: Tenancy Law | Date: | Hits: 78

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....ion of the result and the Chairman or Members, without good cause shown, fail to take oath on that date……………………(4) Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ...... result and the Chairman or Members, without good cause shown, fail to take oath on that date……………………(4) Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record�...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May ..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....w. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......or declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record�......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahajadpur Central Co-operative Bank Ltd……………….……………….Appellant Vs. Majibur Rahman and others………………….Respondents Judgment November 17, 199..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

....ference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The p......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. ..

Category: Property Law | Date: | Hits: 93

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

.... dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... respondent………………………..(9) Case Referred to- Kazi Mohd Amirul Islam Vs. Bangladesh, 1996 BLD (AD) 110. Lawyers Involved: MA Wahhab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record For the Petitioner. Md. Nowab Ali, Advocate-on-Record-For Respondent ......Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others...........

Category: Employment/Service Law | Date: | Hits: 137

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....h is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......etition to be dismissed on ground of misjoinder…………………………(11) Lawyers Involved: Fazlur Rahman Khan, Advocate (appeared with the leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Md. Sajjadul Huq, Advocate-on-Record-For the ......pellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Advocate Md. Abdul Hamid……………….Petitioner Vs. Md. Fazlur Rahman……………………..Respondent Judgment February 15, 1998. ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....he High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury..............gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......�..(29) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (SM Munir Advocate with him) instructed by Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Aftab Hossain Advocate-on-Record— For the Respondent. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment Decemb..

Category: Civil Law | Date: | Hits: 203

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......judice any vested interest of the defendants who cannot be vexed with any further litigation on the same cause of action……………..(5) Cases Referred to- AZM Khalilur Rahman vs. Md. Syed Hossain and others, 25 DLR 485, Mir Golam Kibria vs. Raja Promatha Bhusan Deb Roy, 39 CWN 586 and Ka......) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdur Rahman and others........................... Petitioners Vs. Kheru Malitha and others……………………Respondents Judgment March 24, 1997. ..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....missed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......ught for declaration that the suit property is not vested property, cannot be denied……………(4 & 5) Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented—the Respondents. Civil Pe...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997..

Category: Property Law | Date: | Hits: 73

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....tions. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......hing the legal right of respondent no. 2, the Appellate Division is not inclined to interfere…………….(7) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record—For the Petitioner. Abdus Sobhan, Advocate instructed by Md. Nawab......t: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 19..

Category: Employment/Service Law | Date: | Hits: 115

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......her Begum vs. Suggi AIR 1960 (SC) 93, lmtiaz Banu AIR 1979 (All) 25. Lawyers Involved: Ozair Farooq, Advocate-on-Record —For the Appellants (In Civil Appeal Nos. 56-58 of 1995). Dr Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respond...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil……………………. Respondent [In Civil Appeal Nos. 56-58 of ..

Category: Family Law | Date: | Hits: 250

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ithout any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......i are not strictly observed…………………(17, 18 & 19) Lawyers Involved: SR Karmakar, Advocate-on-Record— For the Appellant. SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the ju......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Utpal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appe..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Bhuiyan, Additional Attorney-General with him instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant (In all the appeals). Amirul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record-For respondent No. 1 (In all the appeals and in all the petitions). N......al CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respon..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....missed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......rs Involved: Jamiruddin Sirker, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 5. Not Represented-Respondent Nos. 1-4. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: Th..

Category: Others | Date: | Hits: 112

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

....disinterested witnesses when their examination in chief could not be shaken in cross-examination by the defence……….(7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Petitioners (In both the Petitions). Not Represented — ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......sed Hatem Sikder to PW 6 Abdul Jabbar. In the dying declaration immediately before his death the deceased mentioned the names of these two accused-petitioners as his assailants. PW 16 Dr. Syed Delwar Hossain who held autopsy on the dead body of Hatem Sikder found incised wound 6" X 2" X 3" in the ri......ry J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. State…………………….Respondent (In both the Petitions) Judgment April 30, ..

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....issed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......gh Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the ......vision (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. ..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

....own their business or that they have been trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD......lls from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD) 83, Unimarine SA Panama 31 DLR (AD) 112. Lawyers Involved...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment..

Category: Procedural Law | Date: | Hits: 134

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....issed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioner. Not represented—The Respondents. Civil Pet......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mansur Ali Sikder……………... Petitioner Vs. Kanailal Banaajee & others…………………Respondents Judgment June 26, 1997..

Category: Property Law | Date: | Hits: 82

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