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Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....Md)......................Petitioner vs State…………………………………………….Respondent Judgment March 22nd, 2007 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represente......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitta Ranjan Das alias Chitta Ranjan Sinha vs Shashi Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Sufia Khatun, Advocate-on-Record—For......1) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......r vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Narain Singh AIR 1926 PC 100; Malik Fateh Khan vs Nazibullah Khan 9 DLR WP 40; SM Lutfullah vs Bibi Badrunnessa 20 DLR 1019; Ajit Kumar Sarkar vs Radhakanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitt..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

.... 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Mohammad Ali ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....naz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner Golam ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. Abdus Sal...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

.... Mahmood Hassan Akbar and others PLD 1983 Karachi page 431; Thummala Rama Rao and others Vs. Chodagam Venkatesware Rao and others AIR 1963 A.P. 154. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him), instru......l) Present: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....laintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instructed by Md. Sajjad......al J Mustafa Kamal J Channel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plaintiff-Appellant. Vs. Chowdhury Golam Malek, son of Choudhury Hasan Imam, Proprietor of M/s. Madhumita Bar of 158-1......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....he Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record— For the Appellant. Sk. Afz...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....st Bengal) (1951) XIX ITR, 406; Liquidators of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. Express News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur ......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Comilla Electric Supply Ltd.………………………………………………………………………….....Appellant Vs. The Commissioner of Income Tax, Chittagong Zone, Chittagong ..............Respondent Judg......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....��…………(11) Cases Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant in both the appeal......eme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Sree Shushil Ranjan Dutta...……………………......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment Februar......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....�…(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. Shafique Ah......drul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment D......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)

....nce, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Banking Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. Rafiqul-ul-...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Ju......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....ement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, ......Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moslemuddin Talukder………………...........Accused-Appellant Vs. The State……………………………………………….………...Respondent J...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

....respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record, — For the Appellant. Khan Sa......e Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 2...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record—For the Appellants. Rafique-Ul-Huq, Senior Advocate (M. Gholam Rabbani, Sen......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintif......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

.... a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Reports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Md. Abut Qu......f acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Reports, page 366. Lawyers Involv......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....constituted High Court Division was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. A. W. Bhuiyan......preme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors........nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....ion commission acted within its jurisdiction under rule 70 of the Union Parishad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Md. Fazlul Karim, Seni......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..

Category: Election Law | Date: | Hits: 111

Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)

....ng the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Shar......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Serina Begum and another...............................................Appellant Vs. Mofizul Islam and others............................................Respondents Judgment ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..

Category: Property Law | Date: | Hits: 32

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....bligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him), instructed by B. Hossain, Advocate-on-Record—For the Appellant. Ex-parte-......ision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J Aftabuddin …................................................................Appellant Vs. Mahfuzus Sobhan & others..............................................Respondents Jud......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..

Category: Property Law | Date: | Hits: 30

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