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Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......udhury J Kazi Ebadul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………&......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ubsequent approval of the same by the Governing Body cannot make it lawful or valid……(11)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Md. Moyenuddin Advocate—For Respond..

Category: Others | Date: | Hits: 84

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....ellip;………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment February 13, 2000. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code ......bsp;        Mahmudul Amin Choudhury J    Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respo......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......ifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J         Mahmudul Amin Choudhury J    Asmat Ali………………………. Appellant Vs. Abd..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......u Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. AM Agha Yousuf and others…………………&hell......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......Advocate (KZ Alam, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record — For the Appellants. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record — For Respondent No.1 Not represented — Respondent ..

Category: Business or Commercial Law | Date: | Hits: 107

Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)

....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………&hel......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......hellip;……(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner Md. Nawab Ali, Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. ..

Category: Procedural Law | Date: | Hits: 97

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy Commissioner & Custodian of the Vested Property & Non-Resident Property......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... upto the successor of the original permissive possessor is exhausted.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate (With AA Chowdhury, Advocate) instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent..

Category: Property Law | Date: | Hits: 59

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

.... Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitioners Vs. State…………….. Respondent Judgment    &nbs...... Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitioners Vs. State…………….. Respondent Judgment  &nb......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......nal statement and non examination of the magistrate who held the T I parade are no ground for acquittal.  Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Responden..

Category: Criminal Law | Date: | Hits: 64

Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......hury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others………………&he......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......peditiously for seeking a summary relief and any explanation causing the delay is not acceptable.  Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioners (In all the Petitions). Not represented..

Category: Employment/Service Law | Date: | Hits: 70

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....on in Writ Petition No. 2424 of 1995). Judgment Mustafa Kamal CJ.- How far the Constitution of Bangladesh has actually secured the separation of the judiciary from the executive organs of the State and whether the Parliament and the executive have followed the constitutional path are the cru......Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment Decembe......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..

Category: Constitutional Law | Date: | Hits: 829

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......esent: Latifur Rahman CJ BB Roy Choudhury J M Amin Choudhury J Jihad Ahmed and others……………………Petitioners Vs. Bangladesh Power Development Board and others……………....... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......se of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petiti..

Category: Employment/Service Law | Date: | Hits: 90

Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)

....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......e Division (Civil) Present: Md. Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdu..

Category: Election Law | Date: | Hits: 110

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Responden......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....fa Kamal J Latifur Rahman J Md. Abdur Rouf J       Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 1998. The C...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J       Abdul Khaleque Master and others…………Accused Petitioners Vs. State…………..Respondent Judgment November 23, 1998. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......a ground for remand of the case………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, MA Jail Advocate with him, instructed by Md. Nawab Ali Advocate-on-Record — For the petitioners. Not represented — Respondent. ..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....l Talukder (Md) ………………………Accused-Appellate              Vs. State……….…………..Respondent Judgment June......Nur Israil Talukder (Md) ………………………Accused-Appellate              Vs. State……….…………..Respondent Judgment......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment  ......n J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..

Category: Criminal Law | Date: | Hits: 59

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......man CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1- Petitioner Vs. Md. A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......t, collusive, void, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wron..

Category: Civil Law | Date: | Hits: 142

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ...... Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Jud......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......f 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity.  Lawyers Involved: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Responden..

Category: Property Law | Date: | Hits: 47

Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)

.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. Masud Khan…….………..Respondent Judgment&n...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......o declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Miah Abdul Gafur, Advocate-on-Record ..

Category: Property Law | Date: | Hits: 59

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......ahman J Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……….…&h.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ......nvolved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Petitioner. Amirul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No. 1. Not represented — Respondent..

Category: Constitutional Law | Date: | Hits: 164

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

....s nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer ship in the tenancy is relevant, but i......stafa Kamal CJ Latifur Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented — Respondent Nos..

Category: Property Law | Date: | Hits: 57

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Karnaphuli Paper Mills Workers Union………………….Appellant Vs. Karnaphuli Paper Mills Ltd. Employees Union & another…………..Respondents Judgm......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 36. ...... Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. Not represented — Respondent No. 2. AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party. Civil Appeal No. 80 of 1997. (From the judg..

Category: Labour and Industrial Law | Date: | Hits: 163