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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....lbaz Vs. Sarada Sundari Debya, 13 DLR 334; Abdullah and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Ajufannessa Bibi Vs. Safar Mia 30 DLR (SC) 41. Lawyers Involved: MH. Khandkar, Senior Advocate, (AG Moham­mad Ali, Advocate with him) in­structed by Md. Aftab Hossain, Advocate-on-Reco......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rah­man J Jashimuddin Kanchan (Md).........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Res......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

....e on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(20 & 23)  Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appel­lants. M Nurullah, Senio......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Upendra Chandra Rishi and others.………………...…………..Appellants Vs. Sufia Begum and others...........………………….………........Respondents Judg.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....o continue and if the appeal be not disposed of in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involved: Abul Quasem, Advocate-on-Record — For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW M...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azizul Huq @ Azizul Haque and ors................................Appellants Vs. The State..................................……………………………………...Respo......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

.... 1973 SC 205, Virigante Navin Vs. Govt of AP and others (2001) 8 SSC 744; The Controller of Auditor Gunted of India Vs. KS Jagunath, AIR 1987 SC 53. Lawyers Involved: Md. Rafiqul Huq, Senior Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record— For the Appellant. Amirul Islam...... ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....t Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte&...... MM Ruhul Amin J Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Res......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....thers......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not represented—......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

...................Petitioner Vs Government of the Republic of Ban­gladesh.......Respondents Judgment November 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not repre......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

..........................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not repre......Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 1......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......su; then on 10-2-71 Goman sold his OJO acres to Khagendra; Banga on 13-11-28 also sold 0.40 acres to one Afzal Khan who then sold it to Cherag Ali on 3-4-57 and on 3-4-57 Cherag Ali sold it to Noba Kumar; Banga died leaving two sons Chandra Kumar and Joy Chandra; by dint of different transaction..

Category: Property Law | Date: | Hits: 33

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....78 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgment May 17, 2006. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record— For the Petitioners (In Civil ...... Meghna PET Industries Ltd..........Petitioner (In Civil Petition No. 477 of 2005) Prime Edible Oil Ltd. & another........Petitioners (In Civil Petition No. 478 of 2005) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) Judgm......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)

....thers Ltd. Vs. Collector of Customs AIR 1958 Calcutta 232. Lawyers Involved: K.A. Bakr, Attorney-General with Sultan Hossain Khan, Deputy Attorney-General, instructed by A. W. Malik, Advocate-on-Record—For the Appellants. Aminul Haq, Advocates-on-Record For the Respond......bsp; Syed A. B. Nahmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... Syed Altaf Hossain and another…………..Respondent Judgment August 26, 1977 Lawyers Involved: K.A. Bakr, Senior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For...... Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…………..Respondent ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

.... Maharash­tra, 1971 Vol.III SCC 416; 1969 Vol.I SCC 48; 18 DLR (WP) 112; Lachman Singh Vs. State AIR 1952 (SC) 167; AIR 1972 (SC) 975; AIR 1971 (SC) 1405. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossai...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abu Taher Chowdhury & others....………………………………......Appellants Vs. State……………………………………………………………………..…….......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......ous night; on fur­ther enquiry it was learned that he had not passed his night in his medicine shop as well. After thorough search his dead body was found in the south-east cor­ner of a tank named "Kumaria Tank", which is about 250 yards south-east of Zafar's house. The throat was almost severed b..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

.... after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Court Division is thus confirmed…………..(7 & 9) Lawyers Involved: KS Nabi, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellants. Md. Awlad...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Niamat Ali Sheikh and others.....…………………………..………….....Appellants Vs. Begum Enayetur Noor and others.....................................Respondents Judgment ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 251: PLD 1964 (SC) 321. Lawyers Involved: S. R. Pal, Advocate, with Md. Moksodur Rahman, Advocate instructed by S. M. Huq. Advocate-on–Record- For...... (Civil) Present A.B. M. Hussain C.J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Shaikh Abdul Quader…………Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation & ors ……..&h...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

.... to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237;  48 DLR (AD) 154; 57 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......s purchased by the decree holder and obtained the sale certificate and took delivery of possession through Court. The auction purchaser, Ganga Charan Majumder died leaving plaintiff No.1 and Ananta Kumar Majumder, the predecessor of plaintiff Nos. 2-4, that RS and SA record as regard the land in..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....e's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent N...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawy......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....D) 75; Progati Industries Ltd vs Shahida Khatun and others, 43 DLR 429; Quazi Din Mohammad vs. Alhaj Arzan Ali and another, 47 DLR (AD) 48. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant. Raf......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... Kurpal Hemraj and others vs. Shamrao Raghunath Raote and others, AIR 1923 (Bombay) 211; Tribeni Tewary and others vs Ramratan Nonia and others, AIR 1959 (Patna), 460; Anandilal Poddar vs Gunendra Kumar Roy and another, AIR 1966 (Calcutta),107; Shri Murti Parasnathji through Sarbarakar Singhai M..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

..........Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi Sank...... ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....lip;….. Appellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B......esent Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh……………..Respondents Judgment Ju......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

..... Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by S.S Huda, Advocate-on-Record.—For the a......Appellate Division (Civil) Present A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Responden......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..

Category: Election Law | Date: | Hits: 122