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Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ucted by Sufia Khatun, Advocate‑on‑Record‑For the Petitioner. Abdur Razzaque Khan, Additional Attorney‑General with Helatudidin Mollah, Deputy Attorney‑General and Md Faisal H Khan Assistant Attorney‑General instructed by Mvi Md Wahidullah, Advocate‑on‑Record­-For Responden..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......nd decree dated 28‑7‑1999 passed by the learned Additional District Judge, 2nd Court, Dhaka in Title Appeal No. 121 of 1999 reversing the judgment and decree dated 8­2-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same. 2. The pl..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......arter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Giasuddin (Mithu), Assistant Attorney­ General ‑ For the State (In all the cases). Dewan Abdun Naser, Advocate ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......spondent Nos. 6‑9, purchasers of the plot in question from the subsequent allottees (writ­ respondent Nos. 3 and 4) as well as by writ‑respon­dent Nos. 1 and 2, Government of Bangladesh and the Assistant Commissioner of Settlement. Civil Appeal Nos. 154 and 155 of 2000 are against the judgment..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ...... of the High Court Division in Civil Revision No. 4624 of 2000 discharging the Rule obtained against the order dated September 19, 2000 (order No. 16 dated 19‑9­2000) of the Court of Senior Assistant Judge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......Shahasrangsa of land 1st party opposite party No.1 possessed. 1650 Shahasrangsa of land specifically as found in a suit for permanent injunction being Title Suit No.124 of 1992 of the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi It was also found in the said suit that 2nd party p..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ...... any witness in support of their claim of managing the land in suit or the property that has been treated as vested property by examining any witness. The lone witness (DE 1) of the appellant, the Assistant tahshilder of Kashimpur Union Land Office, although has stated that the land in suit is b..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......…………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant Attorney General ‑ For the Opposite Party‑State. Criminal Miscellaneous Case No. 33..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......shadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Pr..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ...... by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 decreeing ­the same in part. (The suit initially was registered as Title Suit No. 92 of 1993 in tile 1st Court of Assistant Judge, Dhaka and the same was transferred to the High Court Division oil a petition of th..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......aklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on th..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ...... officers making/passing the order of detention..……. (31) Lawyers Involved: Dr. Rafiqur Rahman with Khan Saifur Rahman, Advocates‑ For the Petitioners. SM Emdadul Haque Assistant-Attorney-General­- For the Respondents. Writ Petition Nos.6372, 6481, 6735, 7916,..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ....... Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accused ‑ Appellant. ABM Waliur Rahman Khan, Assistant Attorney General ‑ For the Respondent ‑ State. Criminal Appeal No. 35 of 1998. J..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......r and Jahanara Begum who made confessional statements which were duly recorded under section 164 of the Code of Criminal Procedure. At this stage the case was handed over to Md Aktaruzzarnan Bhuiyan. Assistant Commissioner, Detective Branch. DMP Dhaka by an order of the higher authority. During the ..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)

...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...........Respondent Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Karim, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No.3689 of 2001. Ju..

Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ...... of the share holders of UCBL, namely, Akhtaruzzaman Chowdhury, the added respondent No. 3 and his wife Mrs. Nurun Nahar Zaman, filed a suit being Title Suit No. 274 of 1998 in the Fourth Court of Assistant Judge, Dhaka, praying for permanent injunction of not giving due notice to them and the C..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ......the judgment and order dated 26‑1‑2003 passed by the District Judge, Narail in Miscellaneous Appeal No.2 of 2003 dismissing the appeal and affirming the order dated 23-1-2003 passed by the Senior Assistant Judge, Kalia, Narail in Title Suit No.3 of 2003 granting temporary injunction shall not be..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ......aka.   4. The facts, in short, are that, the writ petitioner‑respondent, Chowdhury Md. Mahfuzul Islam, in Civil Appeal No. 443 of 2001 was appointed as Sub‑Assistant Engineer under the Bangladesh Agricultural Development Corporation, hereinafter referred t..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ...... tile judgment of the Court of Settlement and also prayed for some other ancillary reliefs. The High Court Division after hearing the learned Counsel of the writ‑petitioner and the learned Assistant Attorney‑General made the Rule absolute and made the directions as stated hereinabov..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ......with the Bangladesh Shilpa Rin Sangstha where she joined as Librarian on 16‑3‑1987 in a vacant post. Although the scale of pay of the petitioner was equivalent to that of a Lower Division Assistant, but she was never appointed as an LDA‑cum‑Typist nor was the BSRS competent t..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84