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Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ellip;……………………………..Respondent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......rs......................Petitioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat Hossain, Senior Advocate, instructed by Md. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......ip;…………………………..Respondents Judgment January 30, 2006 Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Mr. Serajur Rahman, Advocate-on- Record-For the Appellants Khandakar...... January 30, 2006 Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Mr. Serajur Rahman, Advocate-on- Record-For the Appellants Khandakar Mahbubuddin Ahmed, Senior Advocate (S. M. Munir, Advocate with him) instructed by Md. Nawab All, Advocate-on-R...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......6; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (Lahore) 243; Umedewal Moti Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on -Record-For the Appellant. Md. Nawab ......931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (Lahore) 243; Umedewal Moti Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on -Record-For the Appellant. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......rs Ashish Chakraborty and others Vs. Md. Abdur Rob Alias Mvi. Md. Abdur Rob, 49 DLR AD) 96. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by F......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......2) Serajul Haque & anr.......................Respondents (In C. A. No 250 of 2002) Judgment May 22, 2006 Lawyers Involved: Sk. Awsaful Rahman, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants (In all the cases) ...... Azad being dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of 2002) Md. Tofazzal Hossain & anr.......Respondents (In C. A. No 246 of 2002) Aminuddin Ahmed & anr.............................Respondents (In C. A. No 247 of 2002) Md. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......e Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not represented-Respondents Civil Appeal No. 5......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......f 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog owned by Daraj Ullah and Nazir Uddin and by amicable arrangement Daraj Ullah used to possess previous plot No. 31..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. .........Appellants Vs Mosammat Miration Nessa and others..................Respondents Judgment March 23, 2006 Lawyers Involved: Md. Fazlul karim, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 1 Dr. Rafiqur R......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ........ Petitioner vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of the court) instructed by A. K. M. Shahidul Huq, ......vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of the court) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-Fo......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ...... March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq, Advocate-On-Record- For the Appellant Shafiq Ahmed, Senior Advocate, Instructed by Md. Afta......rza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq, Advocate-On-Record- For the Appellant Shafiq Ahmed, Senior Advocate, Instructed by Md. Aftab Hossain, Advocate-On-Record. Civil Appeal No......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......zur Rahman's Case, 51 DLR (AD) 40; Mizanur Rahman's case 52 DLR (AD) 49. Lawyers Involved: A.J. Mohammad (In all the cases) Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record- For the Appellants Dr. M. Zahir. Senior (In all the cases......Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collector of Customs, 4 BLC 85; Sew Bishar Prasad vs. Collector of Customs 54 DLR 173; Collector of Customs Vs Ahmed Hossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......hellip;….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instructed by Md. Serajur Rahman, Advocate-on-Record- For ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. .............Appellants Vs Most. Khodeza Khatun Bewa and others.........Respondents Judgement February 25, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate -on-Record- For the Appellants Mahbubey Al......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Additional Attorney General with him) instructed by B. Hossain, Advocate-on-Record- For the Appellants A. B. Taz Mohammad, Advocate instructed by Md. Nawab ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ellip;.....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Mvi. Md. Wahidullah, Advocate--on-Record- For......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ...... vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants Md. Aftab Hossain Advocate-on-Record. - For ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......eferred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instru......ouse Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate- on- Record- For Respondents. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants ......gement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record- For Respondent No.1 E......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......hpa Rani Das and another Vs. A.K.M. Habibur Rahman and others, 13 BLD (AD) 217; Mahbubul Huq vs. Md. A. Kader Munshi and others, 52 DLR, 194. Lawyers involved: Mustafa Neaz Muhammad, Advocate instructed by Abu Siddique, Advocate-on-Record- For the Appellant. Rabi Shankar Chak......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122