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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......ellip;…………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangi......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 of 2005) Judgement July 23, 2005 Lawyers Involved: M/S Ashraf and sons represented by its Proprietor, Ali Ashraf and another-......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. .................Petitioner Vs. Md. Ali Reza……………....Respondent Judgment August 29, 2006. Result: The leave petition is dismissed. Case Referred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For th......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. 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 costs. Ed. ...... Sudhir Kumar Das and other............Appellants Vs. Abdul Malek Mia and others...............Respondents Judgment April 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellants. ......Advocate-on-Record—For the Appellants. Md. Ataul Huq, Advocate-on-Record—For the Respondents. Civil Appeal No. 99 of 2002. (From the Judgment and Order dated March 29, 2001 passed by the High Court Division in First Miscellaneous Appeal No. 315 ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ...................Petitioner Vs. State……………………………....Respondent Judgment February 5, 2006. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate (Zafar Alim Khan, Advocate, -with h...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......s Judgment November 30, 2005 Cases Referred To- Mustafa Kamal vs Commissioner of Customs and others, 52 DLR (AD) 1; Bangladesh vs. Mizanur Rahman, 52 DLR (AD) 149 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. N......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment October 18, 2006. Case Referred to- Solaiman (Md) vs Siifia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others, 49 DLR 288. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on......e-on-Record—For Respondent Nos. 1, 3-9. NIB Bhuiyan, Advocate-on-Record—For Respondent No. 2(a) and 2(c). Civil Appeal No. 371 of 2003. (From the Judgment and Order dated August 18, 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. .....................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md Nawab Ali, Advocate-on-Record&mda......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....ing a proper suit for declaration of title and recovery of possession and, as such, the writ petition is not maintainable. The MLO No. 128 of 86 dated 13-5-1986 having been issued by the then Chief Martial Law Authority, the same was protected under Act No.1 of 1986 and, as such, writ petition d......am J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment December 13, 2006. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocat......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......477; Amanatullah and others vs Ali Mohammad Bhuiyan and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another vs Niron alias Niranjan Mandal and others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Adv......nstructed by Serajur Rahman, Advocate-on-Record —For Respondent Nos. 1-4. Not represented—Respondent Nos. 5-26. Civil Appeal No. 270 of 2002 (From the Judgment and Order dated May 13, 1997 passed by the High Court Division in Civil Revision No.2335 of 1992). ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......r Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred To- Ghyasuddin Ahmed vs Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate instructed by Mvi Md Wahidullah, Advoc...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......asim Mia (Md)………………..Appellant Vs. State……………...Respondent Judgment November 8, 2006. Lawyers Involved: AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate......ocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... vs State…………………………………………………Respondent Judgment November 28, 2006. Cases Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequzzaman, Advocate-on-Recordâ€......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......houdhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate with SM Munir, Advocate, instructed......f discuss the evidence of possession and come to any independent finding of its own but simply agreed with that of the trial Court. The learned Counsel for the appellant referring to the provision of Order XLI, rule 31 submitted that the High Court Division failed to discuss independently the eviden..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......said remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD) 6. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (MA Sobhan, Advocate with him) instructed ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......5, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituti......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....d of Revenue. At that time the company could not chalÂlenge the legality of the impugned order dated 11th July, 1985 because the writ jurisdiction of the High Court Division was in suspension due to Martial Law prevailing in the country. 9. The High Court Division in its judgment observed: "I......r fiscal statute imposing a burden on the subject, is to be strictly construed. Where there is doubt an interpretation favourable to the subject should be preferred………………(15 & 16) Lawyers Involved: B. Hossain, Advocate-on-Record. — For the Appellants. Asrarul Hossain, Sen......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......nst principle accused Mohammed Khan by the additional session judge is confirmed and the order of acquittal passed by the High Court Division on appeal be set-aside………………………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the ApÂpellant. Ex Parte — For the ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......) to alter their position and the preemptor cannot now turn round and assert his right to undo a transaction which is very largely the result of his own creation…………………………(20) Lawyers Involved: S.R. Pal, Senior Advocate (S. C. Das, Advocate with him) instructed by Md. Afta......Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex parte — Respondent Nos. 2-12. Civil Appeal No. 33 of 1985. (From the Judgment and Order dated 8th April, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Lawyers Involved: Mainul Hosein with Md. Joynal Abedin, AdvoÂcates instructed by Md. Aftab Hossa...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
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