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Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1, 2000. Result: ......atifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment June 1,......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ...... rule 11 of the Code the same can be rejected taking recourse to Court’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instruct..

Category: Property Law | Date: | Hits: 101

Shahid Miah Vs. State, 2000, 30 CLC (AD)

....e accused fled away. Police upon investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an application on 23-8...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..

Category: Criminal Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

.... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment July 17, 2000.......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....at she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. Defendant No.2 u...... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....s incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondk...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....(Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and another...........on (Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and a......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... in the aforesaid Notification dated 9.3.96, a Committee comprising of the following was set up: 1. The Governor of Bangladesh Bank, Mr. Lutfar Rahman Sarker 2. Mr. Shohrabuddin Ahmed, Deputy Governor, Bangladesh Bank 3. Mr. Aminur Rahman, Joint Secretary, Ministry of..

Category: Administrative Law | Date: | Hits: 130

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....t the appellant No. 1, a Public Limited Company and the appel­lant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to ...... cost.  Ed. ......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ...............Appellants Vs. Revenue  Deputy Collector,  Cox's Bazar & others...........Respondents  Judgment 28th November 2004  Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, Advocate-on-Record- For the Appellants&nb..

Category: Property Law | Date: | Hits: 127

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  L......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......ate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Ad..

Category: Property Law | Date: | Hits: 45

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....nterest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma ......upreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J M.A. Aziz J  Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & oth­ers...... .Respondents.  Judgment 23rd May 2005 ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....bsp; 16.  Accordingly, 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. ......dance with law.  Ed. ......bsp; 16.  Accordingly, 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. ...... J  Abdus Quddus.............Appellant. Vs. Administration of Waqf & others.............Respondents.  Judgment 16th August 2004  Lawyers Involved:  Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Appellant ..

Category: Property Law | Date: | Hits: 57

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....ed respondent of the charge under Sections 328 and 420 of the Penal Code.  2. The facts disclosed in the leave peti­tion, in short, are that P.W.1 A. K. M. Amirul Alam and employee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ..

Category: Criminal Law | Date: | Hits: 92

Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)

....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......rul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgment 19th June 2004 Lawyers ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......rea, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgment 19th June 2004 Lawyers Involved: Shamim Khaled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners Badruddo..

Category: Anti-Corruption Laws | Date: | Hits: 83

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......vision  (Criminal)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J  Mashuq Mia @ Iqbal ...................Appellant. Vs. The State…...Respondent.  Judgment August 14, 2004.  ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......ia, Police Constable carried the dead body of the deceased to the Sylhet M. A. G. Osmani Medical College Hospital, morgue and identified the dead-body to the Medical Officer on duty. P.W. 11, Dr. Abu Ahmed Adiluzzaman, Lecturer of Forensic Medicine Department, Sylhet M.A.G. Osmani Medical College &a..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... costs.  Ed ......ppellate Division  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Inv...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

...., and section 5A of the Sales Tax Ordinance, 1982 (XVIII of 1982), the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty ......late Division  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J  National Board of Revenue and oth­ers...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......me Court Appellate Division  (Civil)  Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Mohiuddin and oth­ers...........Appellants Vs. Shwkat Ali and oth­ers .......Respondents  Judgment 23rd May 2005  Lawyers In......to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......dhury J  Mohiuddin and oth­ers...........Appellants Vs. Shwkat Ali and oth­ers .......Respondents  Judgment 23rd May 2005  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.  T..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ...... (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents  Judgment 20 November 20......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, ..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent  Judgment 13th August 2004&nbs......p; Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......han declaring the same without jurisdiction and nullity in the eye of law.  7. The appellant thereupon obtained the leave from this Court upon the submissions that:  "Syed Ishtiaq Ahmed, learned Counsel appearing on behalf of the petitioner submits that the High Court Division co..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....aka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Uni......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....h Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth hav­ing been born in Chittagong on 2.2.1919; that he was educated in Calcut......urt Appellate Division (Civil)  Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyer......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......spondents.  Judgment 2nd June 1997  Lawyers Involved:  M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant  Sirajuddin Ahmed, Advocate-On-Record absent......For Respondent Nos. 1-2  B. Hossain, Deputy Attorney Gen..

Category: Civil Law | Date: | Hits: 128