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....hout any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......ted in: IV ADC (2007) 743. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

.... M Reza Chowdhury J Md. Fazlul Karim J &n......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002..

Category: Property Law | Date: | Hits: 53

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....ed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......Civil) Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunan......udul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…..

Category: Family Law | Date: | Hits: 192

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....ifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh Biman Corporation & others …………Appellant Vs. Md. Yousuf Haroon & others ………….Respondents Judgment May 22, 2000. Result: ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......t considers expedient so to do.” This regulation was not originally in the Biman Service Regulation and was added by amendment on 5th February, 1984 long after the decision in the case of Dr. Nurul Islam vs. Bangladesh reported in 33 DLR (AD) 201. Unamended provisions of section 9(2) of the Govern......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....walliship…..(8) Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved: Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant. S Ahmed, Advocate-on-...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 15, 200..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....me Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh a...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Razzaque, Additional Attorney-General with him) instructed by Md. Ataur Rahman Khan, Advocate-on- Record — For the Petitioners (In both the Civil Petitions). Amir-ul Islam, Senior Advocate, (Tania Amir, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....ion (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......al punishment. 2. The short fact leading to this petition is, that on 18-4-1990 PW 9 Molla Mohammad Shahjahan received a telephonic message at about 3-30 PM from PW 5 Tajul Islam that deceased Mostafizur Rahman has been killed and his dead body was lying at the cross roa......bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ppellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers &he......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ty in the proceeding conclusively or in other words free from alloy……………………..(9) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record— For the Appe......nt: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers ………………………&hell..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....nbsp; Kazi Shahjahan (Md) and another…….Petitioners Vs. Md. Khalilur RahmanMadbar and others…….…………Respondents&nb...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Kazi Shahjahan (Md) and another…….Petitioners Vs. Md. Khalilur R..

Category: Property Law | Date: | Hits: 49

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

.... Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah…………...................................……&h...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......p; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md..

Category: Employment/Service Law | Date: | Hits: 75

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....me Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Jitendra Nath Mistry......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....nbsp; Md. Ruhul Amin J &nbs......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......p; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form..

Category: Criminal Law | Date: | Hits: 76

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

.... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Govern......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellan...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb..

Category: Employment/Service Law | Date: | Hits: 57

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

....p; Md. Gholam Rabbani J Md. Ruhul Amin J &nb...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......house of the convict held inquest over the dead body and sent the same the morgue for postmortem examination. On receipt of the postmortem examination report a regular case was started by SI Rabiul Islam when it was found that the death was homicidal in nature. Thereafter, the police took up inv...... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met wit..

Category: Criminal Law | Date: | Hits: 52

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....e. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......se or to fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on-Record—For the Appellants. ......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde..

Category: Procedural Law | Date: | Hits: 114

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....ndependent choice by the Election Commission. It is also their case that on receipt of Election Commission Memo No. M-Nikom/Ayeen/Bibidh/ 421/99/2004 dated 17-11-1999 Ministry of Law found that Mr. Md. Abdur Rahman Masud has already been appointed Vacation Judge during Civil Court vacation and th....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......llip;(7) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed Sharifuddin Chaklader Advocate-on-Record—For Petitioner Mahmudul Islam, Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. ......, Attorney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. Civil Petition for Leave to Appeal No. 586 of 2000. (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No..

Category: Election Law | Date: | Hits: 158

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

.... dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......must be put to the accused during examination under section 342 Cr.P.C. otherwise it would cause miscarriage of justice to the great prejudice of the accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood ......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... Kazi Ebadul Hoque J Government of Bangladesh………..Petitioner Vs. Ramananda Sarker……….Respondent Judgme..

Category: Procedural Law | Date: | Hits: 97

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......mstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with ..

Category: Criminal Law | Date: | Hits: 55

Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)

.... ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ...... Judgment Md. Gholam Rabbani J. - Syed Abu Hossain Arshad, Md. Nazrul Islam and Md. Majed Ali Khan are the petitioners respectively in Leave Petition Nos. 1155 to 1157 o......sp; Syed Abu Hossain Arshad and others……..Petitioners Vs. Bangladesh Su..

Category: Labour and Industrial Law | Date: | Hits: 115

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