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State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... Abdul Khaleque alias Abdul Khaleq Howlader……………………..Respondent Judgment July 14th, 1997 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md. Wahidullah, Advocate-on-Record- For the App......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..

Category: Criminal Law | Date: | Hits: 77

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......R Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed by Nowab Ali, Advocate-on-Record— For the Petitioners. Md. Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respond......Present: Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Safaruddin and others ……………..Petitioner Vs. Fazlul Huq and others ………………Respondents  ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......rs……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Ap......iminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..

Category: Anti-Corruption Laws | Date: | Hits: 75

Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another Vs. Md. Kabirul Islam Beg and 5 others, 1997, 26 CLC (AD)

....igh Court Division they cannot be heard to make any excuse now for their actions. All the petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 131. ......Petitioners Vs. Md. Kabirul Islam Beg and 5 others ………………….Respondents Judgment August 28, 1995 Result: All the petitions are dismissed. Lawyers Involved: B Hossain, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — Fo...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another……………...Petitioners Vs. Md. Kabirul Islam Beg and 5 others ………………….Respondents Judgment August......igh Court Division they cannot be heard to make any excuse now for their actions. All the petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 131. ..

Category: Others | Date: | Hits: 128

Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)

....nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......November 8th, 1995 Cases Referred to-  Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 1913 BLD (AD) 193, Azizul Haque Choudhary vs Manzur Hossain, BCR 1984 (AD) 532 and Sukuret Sen vs. Gouranga Bejoy Das, BLD 1989 (AD). Lawyers In...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner   Vs. United Commercial Bank Ltd. and others............... Respondents Judgment ......nbsp;    Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ..

Category: Procedural Law | Date: | Hits: 98

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......f Post and Telegraph, and others …………….Respondents Judgment August 9th, 1995 Lawyers Involved: Md. Serajul Huq, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented-Respondents. C......ngshu Kumar Saha………………..Petitioner                     Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, a......…..Petitioner                     Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respon..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ....... Respondent Judgment      January 8, 1997. Lawyers Involved: Maksudur Rahman, Senior Advocate (Mahbubey Alam with him) instructed by Aftab Hossain Advocates-on-Record - For the Appellants. Zakir Hossain, instructed by Md. Nawab A......p; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum……………………&hellip......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......9 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate instructed by Md Aftab Hossain, Advocate-on-Record —for the Appellant Abdul Wadud Bhuiyan, Additional Attorney...... Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others……………&h......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......K S Nabi, Attorney-General (Serajul Huq, Senior Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on Record—For the Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 o......upreme Court Appellate Division (Criminal) Present: ATM Afzal Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J State…………. Petitioner  Vs. Jobaida Rashid…………….. Accused Respondent Judgment April 1, 1997. Result: ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..

Category: Criminal Law | Date: | Hits: 115

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......ellip;………….. Respondent Judgment August 22nd, 1996 Lawyers Involved: ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. ......stafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J AKM Azizul Islam and another………………Accused-Petitioners Vs. State…………….. Respondent Judgment August...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..

Category: Criminal Law | Date: | Hits: 87

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

.... Cases Referred to- Bangladesh vs. M Mustafa and others 35 DLR 404 Saleh Ahmed Joarder vs. People’s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64. Lawyers Involved: Shafique Ahmed, Advocate instructed by Md. Aft......s Republic of Bangladesh, 36 DLR ( 26 and Executive Engineer Public Health, Barisal Division vs. Mohammad Ali, 41 DLR (AD) 64. Lawyers Involved: Shafique Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Syed Abdur Rahman, Advocate instructed by Shamsul......l CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Resp......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..

Category: Administrative Law | Date: | Hits: 131

Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)

....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......Judgment October 30, 1996. Result: The petition is dismissed. Lawyers Involved: Aminul Haque, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Aftab Hossain Advocate-on-Record-For the Respondent No. 2 Not represented-Respondent No. 1. Crimin......nal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Noor Jahan Begum and another…………………………..Petitioners Vs. State, being represented by the Deputy Commissioner and another ……..Respondents Judg......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, M......Md. Ismailuddin Sarker J Nasima Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others………………&hell..

Category: Criminal Law | Date: | Hits: 99

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......atifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment......Afzal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Responde......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..

Category: Property Law | Date: | Hits: 79

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....District Dhaka, with effect from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ petition to allow the writ-petition, Mohammad Monirul Huq, the Assistant Headmaster, to act as the Acting Headmaster of the said school. ......f Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. Syed Badrul Alam, Advocate instructed by Md.......ision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Jud......the room of the Head master and hand over possession of the same to the former Headmaster of the School (the present petitioner) (Annexure-J). In the meantime on 27-1-96 respondent No. 3 wrote to the Secretary Ministry of Education (Annexure-M) seeking a decision from the Government on an applicatio..

Category: Constitutional Law | Date: | Hits: 163

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ...... Latifur Rahman J Md. Abdur Rouf J Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants vs. Md. Anwar Hossain and others……………….. Petitioners-Respondents Judgment July 8, 1996. Resu...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ......d. This Case is also Reported in: 49 DLR (AD) (1997) 87. ..

Category: Employment/Service Law | Date: | Hits: 95

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

....n vs. Samiruddin, AIR 1931 Cal. 67;RC Chandiok vs. Chuni Lal Sabharwal, AIR 1971 SC 1238 and Dwarka Prasad Singh vs. Harikant Prasad Singh, AIR 1973 SC 655; Abdul Khaleque Sowdagar and another vs. Mohammad FazIuI Huq and another 26 DLR 247. Lawyers Involved: Sharifuddin Chaklader, ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....l Odud :mamla raj dare obhijog , mokaddoma ; Banglai otithi shobder obhidan (1397)/ Dr. Arun Kumar Mukhopadhai , Mamla mokaddoma (=adalote obhijog o taher bicher ) Jotha shotto (1993)  Mohammad Habibur Rahman; mamla mokadoma , case, bicherjo bishoi; nalish , obhijog ; arji, dabi, pet......, 1996. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, Shaheed Alam, Advocate with him instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Responden...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant Vs. Jahan Ara Akhtar & others …………………Res......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..

Category: Business or Commercial Law | Date: | Hits: 117

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

....54) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bilas Kunwar vs. Desraj Ranjit Singh (1915) LR 42 IA 202;Imambandi Begum vs. Kumleshwari Pershad (1886) LR13 IA 160; Ram Narain vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Al......yers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellants. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-......Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………….. Appellants Vs. Lutfe Ali Chowdhury and others………………… R...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..

Category: Procedural Law | Date: | Hits: 140

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......lip;….. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment      November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For t......Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment      ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..

Category: Property Law | Date: | Hits: 77