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Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–on-Record — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appe......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......stion of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Respondents. Civil Appeal No....... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is..

Category: Procedural Law | Date: | Hits: 154

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N..

Category: Constitutional Law | Date: | Hits: 185

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......elieved on the ground that they were not disinterested witnesses when their examination in chief could not be shaken in cross-examination by the defence……….(7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Petitioners (In both...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same...

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: Th......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... business or that they have been trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit…………………….(12) Cases Referred to- Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD) 83, Uni...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......�………..(15) Lawyers Involved: AY Moshiuzzaman, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. AR Yusuf, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not represented—Respondent No. 2. Civil......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......fa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and another………..…………….........................Respondents Judgment August......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and..

Category: Property Law | Date: | Hits: 88

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......he legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad Madhu Mia, 41 DLR (AD) 92. Lawyers Involved: Mahbubey Alam, Advocate instru......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ...... ..

Category: Property Law | Date: | Hits: 83

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate -on-Record— For the Appellant. Abdur Rab Chowdhury, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record — For Respondent No.1. B Hossain Deputy Attorney-General instructed by......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......d at any port in Bangladesh………………..(16) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellant. Mvi. Md Wahidullah, Advocate-on-Record&m......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......;….(13) Cases Referred to- Sk Tabibar Rahman Vs Election Tribunal 1981 BLD 298; Hosne Zaman vs. Election Tribunal, 38 DLR 435; Zulfiquar Ali Bhutto vs. Bangladesh and others 41 DLR 379; Md. Mokbul Hossain vs. Shamsul Alam and others 14 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame..

Category: Election Law | Date: | Hits: 109

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

.... 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. ......ion of personal appearance of the accused before such court does not fall within the meaning of section 561A Cr.P.C. Lawyers Involved: Nazrul Islam Chowdhury, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Criminal Peti...... 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. ...... 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of..

Category: Criminal Law | Date: | Hits: 109

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

....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. ......AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998......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. ......R (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)

....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. ......property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil ......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. ......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, 2000. Result: The petit..

Category: Civil Law | Date: | Hits: 162

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

....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. ...... Siddique, Advocate-on-Record — For the Respondent. B Hossain, Advocate-on-Record — For the Appellant. (In Criminal Appeal No. 28 of 1996) Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) Criminal Ap......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. ...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......ara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents. Judgment October 20, 2005. Lawyers Involved: Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Taba......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) ..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......he Deputy Commissioner, Pabna………….. Respondent. Judgment 21st July 2002 Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Crimin...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......3 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw of one Babul Bepari; when he reached near the house of one Hasan Ali Matbar then three accused persons stopped the rickshaw and one of them struck Monowar Hossain Be......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ..

Category: Criminal Law | Date: | Hits: 106

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