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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. ......sp;              Osman Gani  ………………..…………Appellant Vs. State……………………………......vidual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11)   Lawyers Involved:    Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant...... 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. ..

Category: Criminal Law | Date: | Hits: 55

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

....              Syed Abu Hossain Arshad and others……..Petitioners   Vs.   Bangladesh Sugar and Food Industries Corporation and ors ……………Re......;                  Syed Abu Hossain Arshad and others……..Petitioners   Vs.   Bangladesh Sugar and Food Industries Corporation and ors ……&......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ......, facts and circumstances all the three leave petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 33.  ..

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

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......;                          State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: ......                         State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The a...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ..

Category: Criminal Law | Date: | Hits: 55

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....;                              Government of Bangladesh and other…… Petitioners   Vs.   Nidhi......sp;                  Government of Bangladesh and other…… Petitioners   Vs.   Nidhi Ram Moni and others………………........e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ..

Category: Property Law | Date: | Hits: 43

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....bsp;             AKM Ali Imam......................................Petitioner   Vs.   DG, Bangladesh Agricultural Research Institute & another....................Respondents &nbs......sp;                  AKM Ali Imam......................................Petitioner   Vs.   DG, Bangladesh Agricultural Research Institute & another....................There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....irul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Avenue, Motijheel, Dhaka-1000 and others...........e Court Appellate Division (Civil) Present: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head......lip;..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul Amin Khan, 46 DLR (AD) 85. Agrani Bank vs. Khandaker Badrudduza, 56 DLR (AD) 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......e Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respond......to- Marida Begum and others Vs. Moulavi Md. Hasan and others, 43 DLR, 242; Monirunnahar Begum and others Vs. Shahed Alt and others (1981) 1 BCR (HCD), 43. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

....d Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involved: ......hury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 120

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

....bsp; Sarat Chandra V. Bijoy Chand, AJR 1937 PC 46 atp.47. Kishore Chandra Vs. Ganesh Prasad, Am 1954 SC 316 at p 320; Jagir Kumar vs. Jaswant Singh, AIR 1963 SC 1521. Moulvi Md. Khurshid Alam vs. Bangladesh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhu...... Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Yousuf Ali ..........................................Appellant. Vs. Kazi Syed Shamsul Hoque and others...........Respondents. Judgment 30 Ja......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 178

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....was enlisted as enemy property and Abdul Latif Molla who was borgader applied for lease and was granted lease by the Government on 09.07.1970. After the liberation of the country Biraj came back to Bangladesh and filed objection against the lease granted in favour of defendant No.1 but his objec......Court Appellate Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. ......sp; Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

.... appellant No. 1. Ed........ Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others...........................................Respondents. Judgment ......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

.... Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

.... Ed. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh and others .....................Appellants Vs. A.K.M. Fazlul Haque...............................................Respondent Judgm........Appellants Vs. A.K.M. Fazlul Haque...............................................Respondent Judgment 22 March 2005 Cases Referred To- Zane Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs.  Government of Bangladesh, 4 BLC ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 124

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- Idris Miah vs. Bangladesh and others 10 BLC (2005) HCD 728. Lawyers Involved: Saiful Reza, Advocate......uhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 121

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....J Md. Tafazzul Islam J Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance Internal Resources Division and others.......Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Messers Chemico Laboratories Ltd. represented by its Chairman of Tikapara Ghoramara Rajshahi...................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of F......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)

....ision (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Develo......ellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and R......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 120

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....resent: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bang......ision (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..

Category: Election Law | Date: | Hits: 119

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....Respondents Judgment July 31, 2005. Result: The appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Seni......(AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..

Category: Civil Law | Date: | Hits: 130

Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)

....ent: Mainur Reza Chowdhury J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and ot......area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the case of Kazi Md. Aminul Islam Vs. Secretary, Ministry of Law 16 BLD (AD)110 and in the case of Moulvi Md. Khourshid Alam Vs. Bang......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..

Category: Others | Date: | Hits: 106

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....est bidder for Tk. 84,00,000/- (Tk. eighty four lacs) only; that Abdul Khaleque Bain was a citizen of Pakistan and the plaintiff No. 1 has created deeds from Abdul Khaleque Bain by bringing him to Bangladesh; that the terms and conditions of section 8 and 9 (D) of the tender form were not applic...... Present: Md. Ruhul Amin J Syed J.R. Mudassir Husain J     Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works...................................................Respo......a of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased out the said property for 99 years vide Registered Deed No. 2246 dated 17-2-1959 to Abdul Khaleque Bain of 7, Victoria Park Road, P.S. Kotwali, District-Dhaka and thus Abdul Khaleque ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54