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Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ....... Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin J M Ruhul Amin J Md. Tafazzul Islam J State.....................Appellant Vs. Abdur Rahim…………………….Respondent..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......reme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain J Md. Fazlul Karim J Amirul Kabir Chowdhury J AHS Rahman………………………Petitioner Vs. State...................  Respondent Judgment June 15, 2005. The Code of Crimin..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......so Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

.... This Case is also Reported in: ......ingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal Hossain Ansari, 55 DLR (AD) 65. Lawyers Involved: Md. Amir Hossain, Advocate-on-Rec......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah...........................Respondents Judgment March ..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......he other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate with him), instructed by B Hossain, Advocate-on-Record—For the Appellants. Mahbubur Rahman, Senior Advocate ins...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......ry J Government of Bangla­desh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judg..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....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: ......d of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioner. Respondents—Not Represented.(In both the Pet......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: ......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:..

Category: Property Law | Date: | Hits: 77

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....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. ......hellip;.(13)  Cases Referred To: Moyezuddin and another vs State 31 DLR (AD) 37; Nazir Hussain vs Muhammad Shafi and others PLD 1965 SC 188 = 17 DLR (SC) 40; Md Ramjan vs Nasir Hossain 21 DLR (SC) 104. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocat......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. ..

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. ......tructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. Farooq Ahmed, Advocate, instructed by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 9-12. Dispensed with— Responde......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..

Category: Property Law | Date: | Hits: 51

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......p;…..(7)  Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahidullah,Advocate-on-Record— For the Petitioners. Humayun Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......ision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ........................Respondent Judgment Ap..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....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.......iency in the sentence and in modification of the sentence passed by the High Court Division…………………….(22) Lawyers Involved: A KM Fakhrul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—the Respondent. Crimina......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.......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 ..

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. ...... 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..........…Respondents Judgment ......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..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... 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. ......her removal, such removal was not a removal simpliciter, because of which she is entitled to  protection of Law eligible to her……..(10) Lawyers Involved: Tabarak Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. ...... 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)

....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. ......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. ......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. ......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..

Category: Criminal Law | Date: | Hits: 68

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....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. ......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. ......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. ...... Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail)  Vs. State …………………………&he..

Category: Criminal Law | Date: | Hits: 50

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

.... 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. ......ttorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR 1983 (SC) 378; KC Gajpati Narayan Vs. State of Orissa , AIR 1953(SC) 375. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate and Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (Zakir Ahmed, Advoc...... 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. ......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 & ..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......ited Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Record-For the Appellant. Fazlul Karim, Advocate, instructed by Md. Aft......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......nt: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant  Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judg..

Category: Business or Commercial Law | Date: | Hits: 124

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....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. ......bsp;     April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented –Respondents. ......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. ......p; Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents    &nb..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....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. ......f Killowen, CJ in the Queen Vs. Gray (1900) 2 QB 36. Lawyers Involved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- Genera......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. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Saleem Ullah .....................................Appellant  Vs. The State............................................Respondent Judgme..

Category: Criminal Law | Date: | Hits: 141

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-­on-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment A..

Category: Alternative Dispute Resolution | Date: | Hits: 202