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S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ...... November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed b......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ...... Md.Tafazzul Islam J S.M. Redwan…………………………………….....Petitioner Vs Md. Rezaul Islam …............................Respondent Judgement November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-..Category: Criminal Law | Date: | Hits: 50
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. ......2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 134 of 2003 (From the Judgment and Order dated 04.05.2003 passed by ......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. ......J Amirul Kabir Chowdhury J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......ion No. 1185 of 2003) Judgment: Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Div...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......lul Karim J Md. Tafazzul Islam J Foyej Ahmed ..................Petitioner Vs The State ......................Respondent Judgment February 15, 2004 Lawyers Involved: A. K. M. Zahirul Haque, Advocate, instructed by Syed Mahbubur Rahman, Advo..Category: Criminal Law | Date: | Hits: 51
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. ......No.4 joined as a Commercial Officer in 1980 and the writ respondent No.5 joined as a senior clerk on 10.01.1984 and both were promoted as Assistant General Managers on 29.01.1989 and therefore, they are junior to the writ petitioner. The further case is that the Board of Directors of BS...... 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. ...... 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. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Bodruzza, Advocate with him) instructed ..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. ...... Respondents (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench...... 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. ...... Md. Safiruddin and others…………………………….Respondents (In both the cases) Judgment: April 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners (In both the cases) ..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. ...... 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....Respondents Judgment Augus......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. ......ellip;………..Appellants 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 Saj..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the conÂtentions, 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.......itional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing annoyance and disturbance to the other tenants. 3.......ereinabove the conÂtentions, 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.......¦â€¦â€¦â€¦........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. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..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. ......decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. ...... 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. ......llip;.. Appellant Vs Sultan Ahmed and others……………………Respondents Judgment March 16, 2006 Lawyers Involved: Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..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. ...........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 to Appeal No. 298 of 1994); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for...... 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. ......rector, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); 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. Hossa..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwa..Category: Trust/Waqf Law | Date: | Hits: 190
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. ......-on-Record-For the Petitioner. M. A Malek, Senior, Advocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed b...... 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. ..........Petitioner vs Md. Barkat (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), instr..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by t......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......l Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Adv..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... respondent Delwar Hossain Talukder as an accused in G. R Case No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as pet......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... The State…………………...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. w..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong under section 180 of the customs Act, 1969, shortly the Act; as to why the consignments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......fa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......other.........Petitioners (In both the cases) vs Messers Yunusco K. Textile Ltd. and others...............Respondents (In both the cases) Judgment March 23, 2005 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (With S. M. Munir, Advocate), ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ....... Amir-ul-Islam, Senior Advocate, instructed by Mrs.Sufia Khatun, Advocated-on-Record-For Respondent Nos. 1-22. Not Represented-Respondent Nos. Nos. 23 & 24. Civil Petition for leave to Appeal No. 1221 of 2005. (From the Judgment and Order dated 12.07.2005 passed ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......ctors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................Respondents Judgement: October 26, 2005. Lawyers Involved: Khondker Mahabubuddin Ahmed, Senior Advocate, instructed by Md. Zahirul Is..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and recovery of possession will not change the nature and character of the suit…..(9) Lawyers Involved: Mustafa Niaz Muhammad, Senior Advocate, instructed by Md. Nawab Ali, Advo..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......udgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved h......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ed he is entitled to get land partitioned through court. A co-sharer in possession of land in excess of his share, is bound to part with the same…………….(11) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... the Petitioner. Shamim Khaled, Advocate instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed b......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ere an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instructed by Md. Aftab Hossain, Advocat..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sing out of the said kalia P.S. Case No.5 of 1982 by a judgment dated 3-4-83 and was sentenced to 2 years rigorous imprisonment and a fine of Tk.50,000/- in default to further rigorous imprisonment for 1 year. He was also convicted by the same Martial Law Court in Case No. 16 of 1983 arising out......d on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 in Summary Martial Law Case No. 105 of 1982 arising out of the said kalia ...... Judgment 27th July 1994. Cases Referred to- A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubudd..Category: Criminal Law | Date: | Hits: 33