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Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......l Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and another.......Respondents  Judgment December 18, 2002.  Cases Re..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......l CJ Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J  Mahmuda Khatun and others.......Plaintiff-Appellants. Vs. Abul Younus Talukder being dead his heirs Mrs. Yunus Ali Talukder and others .........Defendant- Respondents.  Judgment 29th November 1995  ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......d with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ...... Judgment 28th November 2004  Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, Advocate-on-Record- For the Appellants  A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents&n......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......r the Appellants  A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents   Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ..

Category: Property Law | Date: | Hits: 127

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... final Court of fact, arrived at on appreciation of the evidence…....................(23) Cases Referred to- Madan Gopal & ors Vs. Maran Bepari, 21 DLR (SC) 448; 30 DLR (SC); Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Akrab Ali and others V......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being..

Category: Procedural Law | Date: | Hits: 112

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......er Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner  Moksudur Rahman, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No. 1  Not represented- For respondent Nos. 2-4&nb......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......bsp; (Civil)  Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhak..

Category: Property Law | Date: | Hits: 45

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......; 5. The Title Suit No. 93 of 1985 the defendant Moulana Serajul Haque filed written statement claiming that the suit property originally belonged to Harendra and Nagendra who sold the same to Azgar Ali by registered kabala dated 10.11.1962 and subsequently Azgar Ali gifted the suit property to his......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......b Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent.   Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......23rd May 2005  Lawyers Involved:  Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- For the Appellants  Mahbubey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3   Not represented- Respondent No. 4 ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3   Not represented- Respondent No. 4  Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......he went to London for business purpose and returned home on 02-02-1992. After his return he came to know from his neighbors that the appellants No. 1,2 and 3 purchased the case land from Mohammad Taj Ali and Sirajunnessa Khatun opposite parties Nos. 4 and 5 of the revisional application  before......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......w.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......bdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......, Senior Advocate, instruct­ed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ...... The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. Lawyers Involved:  Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record-For the Petitioner ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner  Not represented-the Respondent.  Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ..

Category: Criminal Law | Date: | Hits: 92

Panna Biswas Vs. State, 2006, 35 CLC (AD)

....rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......Judgment 19th May 2002 Panna Biswas…………………Petitioner Vs. The State..........................Respondent  Lawyers Involved:  Md. Nowab Ali, Advocate-on-Record-For the Petitioner  Not represented-Respondent.  Criminal Petiti......rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......nbsp; Lawyers Involved:  Md. Nowab Ali, Advocate-on-Record-For the Petitioner  Not represented-Respondent.  Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Division in Criminal Miscellaneous Appeal No. 87..

Category: Criminal Law | Date: | Hits: 89

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ......din Chaklader, Advocate-on-Record-For the Petitioner.  Not represented- the Respondent.   Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 20..

Category: Criminal Law | Date: | Hits: 81

Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......aikh and others……….....Petitioners. Vs. The State……………..Respondent  Judgment 22nd July 2002  Lawyers Involved:  Md. Nowab Ali, Advocate-on-Record-For the Petitioners. Not Represented-Respondent.  Criminal Petition N......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......ppeal is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......p;   Md. Ruhul Amin J K. M. Hasan J                          Ali Akbor Khan.................Petitioner Vs. The State.........................Respondent  ......ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......rim Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant  Not Represented-Respondent   Criminal Petition for Leave to Appeal No 40 of 2000. (From the Judgment and Order dated 10th June 1999 passed by the High Court Division in Criminal Revision No. 529 of 199..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ......and to pay a fine of Tk. 5000/- each and in default to suffer rig­orous imprisonment for 6(six) months more and also convicting the accused petitioners 1,2 and 4 namely Wahed Sheikh, Mozid Sheikh Alias Mozid and Manik Sarder respectively under section 201 of the Penal Code and sentencing each of......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ......d ..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......llip;……….   (16)   Lawyers Involved:  Abdul Malek, Senior Advocate (Subrata Chowdhury, Advocate with him), Md.  Nawab   Ali, Advocate-on-Record-For the Appellant  Abdur Razzaque Khan, Additional Attorney Gene......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ...... August 14, 2004.  The Penal Code, 1860 (XLV of 1860), Section 324   In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s..

Category: Criminal Law | Date: | Hits: 95

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......lso Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......pellate Division  (Civil)  Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Mohiuddin and oth­ers...........Appellants Vs. Shwkat Ali and oth­ers .......Respondents  Judgment 23rd May 2005  Lawyers Involved: ......to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......y order as to costs.  Ed. ..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......ossession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants  Mahmudul Islam, Senior Advocate (Abdul Quayu......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......t Appellate Division  (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents  ..

Category: Property Law | Date: | Hits: 43

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ...... No. 899 of 2002) Md. Abdul Kader & oth­ers.....Respondents (in C. P. No. 900 of 2002) Md. Labu Mia & others..............Respondents,   (in C. P .No. 901 of 2002) Md. Idris Ali & others...............Respondents,   (in C. P. No. 902 of 2002)  Judgment ......six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ......Advocate-on-Record-For the Petitioner (in all the cases)  Not represented-Respondent (in all the case)   Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4..

Category: Employment/Service Law | Date: | Hits: 120