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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......ing satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence……………………………(13) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Attorney-General with him) instructed by Md....... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re..

Category: Criminal Law | Date: | Hits: 184

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ...... Mineral Resources Corporation & other...........Respondents Judgment August 17, 2003. Cases Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1......, 126. ......n (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......h the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 ......nd others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) ......hul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006]..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......esent: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......cial Issue) 1, 41 DLR (AD) (1989) 165. ...... Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus Sattar vs. Stole; 7 DLR (FC) 291 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gan...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry o..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......1898), sections 164 & 342 It is in the confessional statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the crime. In the confessional statement of Fiktoo @ Zahurul Hossain he stated that Dablu and Sukkur inflicted dagger blows on Nurul Islam and his wife. In the c......�…(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Bak......here Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: ..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and others Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record — For the Responde......(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record — For the Respondent. Criminal Appeal No. 32 of 1986. Judgement:......urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abul Kashem and others............. Appellants Vs. The State……………………………………Respondent Judgment January 30, 198..

Category: Criminal Law | Date: | Hits: 57

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......ruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14. Lawyers Involved: S.C. Das, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record, — For the Appellant. B. Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Responde......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mohammad Musa..........................Appellant. Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The P..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respon......12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Jud......989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......h Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record— For the Appellant T.H.Khan, Senior Advocate (S.C. Das and M.A. Wahhab Miah, Advocates with him) Instructed by Sharifuddin ...... Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh House Building Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)

....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......der granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record —For the Appell......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The ..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, Bashirullah v. East Pakistan, PLD 1962 (Dhaka), 127 and Sm. Lalita Roy and others v. Rafiqueullah Khan, 18 DLR 107, Khodeja Begum v. Sagarmal Agarwalla, 1987 BLD (AD) 147, Adhinath v. Krishna Chandr...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., represented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramn..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......ur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil A......C 454 Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, (Sk. Afzalur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Recor......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)

....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......respass. The appeal is allowed………………..(11 & 12) Lawyers Involved: A.J. Mohammad Ali, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the R......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin...................Appellant Vs. The State....................................................... Respondent Judgment N..

Category: Criminal Law | Date: | Hits: 59

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ontention and the appeal is dismissed………………(2 & 4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—for the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Resp......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......27..

Category: Criminal Law | Date: | Hits: 45

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......assailant. Acquittal of the co-accused by the trial court on the plea of alibi will not destroy the dying declaration………….(8) Lawyers Involved: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respo......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Hakim @ Lokman Hakim............Appellant Vs. The State………………………………………………Respondent Judgment Augu..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......nd no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate (M......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Commissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ahmed Mia and others..............................Respondents Jud..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-Record—For the Petitio....... 367 Shyampada vs. Abani Mohan A.I.R. 1957 Cal. 420 Mangla Prasad Vs. District Magistrate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-Gene......sed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada..

Category: Election Law | Date: | Hits: 128

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... Lawyers Involved: Mohammad Yeasin, Advocate, instructed by-Abu Backkar, Advocate-on-Record.—For the Appellant. Md. Nurul Huq, Advocate-on-Record.—For Respondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment..

Category: Property Law | Date: | Hits: 33

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