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Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
.... Bangladesh & ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bang......n (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of the People's Republic of Bangladesh & ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result:......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......vision (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Daulat Ahmed…………………..Petitioner Vs. Md. Shafiqul Islam Chowdhury & others.... ............Respondents Judgment Novem......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ...... appealable. ……………………….(7 & 8) Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by ASN Khalequzzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-3. Not represented—Respondent Nos. 4-8. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abul Kalam Azad alias Ripon (Md)...................Appellant vs State...................Respondent Judgment December 7, 2004. The Code of ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......hen Reshmi, PW 2, told him about the killing of the victim. PW 1 in cross, stated that when he went to her house after hearing the news his three brothers, his maternal uncle PW 6, neighbour PW 5, Ali Ahmed Master PW 4, the husband of his elder sister Abul Hossain, his nephew PW 11, Kamrul PW 18..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and others.................Respondents Judgment N......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Ram and others 42 DLR (AD) 158; Lal Meah and others vs Haji Md Ibrahim Meah and others, 28 DLR (AD) 61. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. Farooq Ahmed, Advocate, instructed by ..Category: Property Law | Date: | Hits: 51
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Result: The criminal......pellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Result: The ......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......eported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......il) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Re......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DLR (SC) 309. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petition..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....t by which he was appointed." In this case," the appellant was removed by the Deputy Secretary of the concerned Ministry and even if the removal order was passed with the approval of the State Minister of the concerned Ministry that cannot be a proper order as under Article 135 of the ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....not be taken against them for returning the documents without examination. 13. For adducing further evidence, particularly for formal proof of the documents, a retrial was prayed for by the State, but it was refused by the High Court Division on the ground that three Civil Suits namely, O......llate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Nagendra Chandra Sarkar.............. Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment Jun......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. .................... Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Adv..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
.... MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State ……………………………&helli...... Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State …………………………&he......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ip;……………………………………Respondent Judgment July 25th, 1991. Lawyers Involved: Alimuzzaman Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitio..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....rnment of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (S......nt (In Civil Appeal No. 4 of 1992) Ahsanullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
.... Office were forged. The view taken by the learned Judge cannot be said to be illegal or perverse. There is no compelling reason to interfere with the impugned order of acquittal, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However ac......p; Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &nb......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegation briefly was that Faiz Ali, Sub‑Registrar, Tongibari, Abdul Jalil, Thana Revenue Officer, Tongibari, Mofazzal Hossai..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant Vs. The State............................................Respondent Judgment July ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant Vs. The State............................................Respondent Judgme......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ...... Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- General, (Sharifuddin Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... Qazi Karnal ... .........................................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In bot......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......s [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate in..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....Supreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh............. Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Nazrul Haque & others.........................................................ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....on No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑shar...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respond..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment M......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ision (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referred to- ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Rafiqul Islam ...............Appellant Vs. State ..............Respondent Judgment April 15th, 1992. Cases Referr......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......s was tried by the Additional Sessions Judge, First Court Comilla under sections 302/149 of the Penal Code. One Shahid Mia (absconding) was convicted under section 302. The appellant and one Mansur Ali were convicted under sections 302/149 of the Penal Code. Five others were acquitted. By the imp..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......in Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and others.............................................Respondents ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdur Rashid and others ............................Respondents ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......g of two manuals and to deposit the sale proceeds to the plaintiffs account, but defendant No. 3 unauthorisedly and illegally made a delivery of 2,308 metric tons of salt to defendant No. 4 Sohrab Ali against payment of Tk. 90'00 per bag of two maunds. The full value of 100.00 per bag of two mau..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Halder & another.................Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......olved: TH Khan, Senior Advocate, (SK Sinha, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellants. Dr. Rafiqur Rahman, Senior Advocate instructed by M Nawab Ali, Advocate-on-Record - for the Respondent No.1. Not Represented – Respondent Nos. 2‑3. ..Category: Property Law | Date: | Hits: 67
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