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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. ......ed to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (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.......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ......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. ..

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. ......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. ...... Present: Bimalendu Bikash 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......ing on the suit land and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to de..

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. ...... not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate on-Record — For the Appel...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14......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. ..

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.  ......nbsp; Judgment October 20, 2005. Lawyers Involved:  Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak Hossain, Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. ......ppellate Division (Civil)  Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J  Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents.  Judgment October 20, 2005......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.  ..

Category: Property Law | Date: | Hits: 76

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

.... granted upon condonation of delay. The Petitioner is permitted to prepare the paper book out of court in accordance with Rules.  12.  Let the accused respondent Nurul Islam Kabiraj @ Nuru Mohammad @ Nuru son of Futesh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Sha......n are that PW. 1 Kazi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw ......uty Commissioner Concerned.  Ed ......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 ..

Category: Criminal Law | Date: | Hits: 106

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

.... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhury, Senior Ad......on (Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul 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 a...... Mainur Reza Chowdhury CJ Mohammad Fazlul 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..

Category: Administrative Law | Date: | Hits: 130

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

....stance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... 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. ...... Appellate Division (Civil)  Present: A.T.M. Afzal 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...... 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. ..

Category: Procedural Law | Date: | Hits: 83

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

....nts  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 Resp......olved: 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   Civil Appeal No. 323 of 2001 (From th...... cost.  Ed. ......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. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

.... the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......wyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant  Dr. M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent   Civil Appeal No. 134 of 2001 (From the......ivision  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawy......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ..

Category: Constitutional Law | Date: | Hits: 154

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

....tored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......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. ......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 dead his heirs Probate Dey and oth­ers..........Respondents Judgmen......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. ..

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 ......hers..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker 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,......A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  L......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 ..

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. ......he appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003  Lawyers Involved:  S.S. Haider, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur Rahman, Senior Advocate, instructe......Supreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J Abu Sayeed Ahmad J M.M. Ruhul Amin J  Moulana  Serajul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003......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. ..

Category: Property Law | Date: | Hits: 175

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

....er alia that 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......m, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-record-For the Appellants.  Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent.   Civil Appeal No. 119 of 1999. (Fro......  Ed. ......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. ..

Category: Property Law | Date: | Hits: 56

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

....f delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......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. ......me Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: ......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. ..

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

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

.... Appellate Division  (Criminal)  Present: Syed JR Mudassir  Husain C J               Mohammad Fazlul Karim J             ...... 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  Not represented-the Respondent.  ......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ......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. ..

Category: Criminal Law | Date: | Hits: 92

Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)

....ke to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......rul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgment 19th June 2004 Lawyers ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 83

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

....with her son Belial went there and recognised the dead body of her husband by identifying the wearing clothes of her husband. At that time Nuruddin Member, Ajmat Member, Sakandar Talukder, Ratan Mia, Mohammad Ali Sikder, Razain Pramanik and many other people were present and also identi­fied the...... he came back from Dhaka and Stayed at Doulatdia Ghat in a Hotel; on the next day i.e. on 4th  Sravan, Monday he started for home with Tk. 900/- only keeping the rest amount with his nephew Abul Hossain, son of Helaluddin of village Jitka, P.S. and District Manikganj but he did not reach home; ...... Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Sh......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 ..

Category: Criminal Law | Date: | Hits: 121

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

....ary, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ...... Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant.   Abdus Sobhan, Senior Advocate, instruct......ppellate Division  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Inv...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ..

Category: Labour and Industrial Law | Date: | Hits: 130

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

....e 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: ......late Division  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J  National Board of Revenue and oth­ers...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: ......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: ..

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

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

....in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......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. ......me Court Appellate 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 In......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. ..

Category: Property Law | Date: | Hits: 57