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Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J  Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... ..................Respondents  Judgment Ma.......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ...... Supreme Court High Court Division (Civil Revisional Jurisdiction)   Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005.......s records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....rashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents  Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20   The suit la......sp; Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Chairman, Sherpur Paurashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents  Judgment February......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......ted. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......e disputed plot was released from the list of vested property. Annexure-'H (6)' reveals that the possession of the entire land of the disputed plot measuring 1.23 (1.25) acres was restored to Abdus Sobhan Miah and others, the vendees of Mrs. Madlena D Rozario. It is not comprehensible how th......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

.... High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15, 2005. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15,......ppellants Vs. State.............................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 ...... in 44 DLR (AD) 233 by the learned Assistant Attomey‑General which however, has no manner of application in this case in view of the different facts and circumstances. 44. In the case of Abdus Satter and others Vs. State reported in 46 DLR (AD) 239 it was observed by their Lordships as under:..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......is Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

....Court at the time of preparation of the list. The learned Lawyer emphasises that the agreement in question is not a simple contract but an agreement for reconveyance which as per section 95(A) of the State Acquisition and Tenancy Act made the transfer of land of the plaintiff to defendant Nos.1 and ......y J Arshed Ali Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others…………………&he...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....ohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. Saydur Rahman, 36 DLR (AD) 48; Jobeda Khatu......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....iminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment January ...... (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Md. Emdadul Haque Azad J Badar Biswas & ors......................................Petitioners Vs. State ........................................................Respondent Judgment ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......te Division (Civil)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J   Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents   Judgment January 5, 2......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....gh Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgment January 4, ...... High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nasim (Md.) and another........................Petitioners Vs. State..................................................Opposite Party Judgment Ja......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

....A Aziz J Mahadeb Chandra Mondal and other.........Appellants Vs. Dulal Chandra Mondal and other..............Respondents Judgment January 4, 2005. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Section 95 and 95A  Presiden...... Supreme Court  Appellate Division (Civil) Present: Md. Fazlul Karim J MA Aziz J Mahadeb Chandra Mondal and other.........Appellants Vs. Dulal Chandra Mondal and other..............Respondents Judgment January ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......llegally when there was serious challenge from the side of the plaintiffs regarding those loan documents.  6. We have heard Mr. Shahabuddin Ahmad the learned Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos. 1‑3 and perused the judgment of the High ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....ion (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties Judgment D......urt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Fokrul Alam Chowdhury................................Accused-Petitioner Vs. State & another............................................Opposite Parties Judgme...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

.... letter dated 23.03.1992 discharged the duties and as such she cannot be punished for the alleged wrong, if any, committed by the Government. We like to add in this connection that the actions of the State should generally be in favour of protecting the rights of i.e citizens and should not, in the ......in J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner Vs. Mrs. Momtaz Begum and another .....................Respondents Judgment December 4, 20......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....n (Criminal)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J  Atiquzzaman Khan (Md).........Appellant Vs. State……………………Respondent  Judgmen......ate Division (Criminal)  Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J  Atiquzzaman Khan (Md).........Appellant Vs. State……………………Respondent  ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)

....stries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. ......sp; ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234.   ..

Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....িধানের সহিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে। Cases Referred to- Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686. Lawyers Involved: Md. Ma......t Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Salauddin Ahmed ..........................................Petitioner Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003. ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J  Haider Ali and others ...............................Appellants Vs. State………..Respondent   Judgment November 4, 2003......g murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable.  Cases Referred to-  Abdus Samad @ AKM Abdus Samad and others vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others......those who came to the place of occurrence to rescue the victim.  In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102