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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. ......ners Vs The State…………………………………..Respondent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respon......rs Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of 199..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. ...... Habibur Rahman alias Habu and others......................Petitioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advo......ted by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 210 of 2003 (From the Judgment and Order dated 11.05.2003 passed by the High Court Division in Criminal Appeal No. 1656 of 2000) ..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. ......hury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah,......or the Appellants Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents Criminal Appeal No. 23 of 2000 (From the Judgment and Order dated 18.7.1995 passed by the High Court Division in Criminal Appeal No. 3225 of 1991). ..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. ......;……………………………………………..Respondents Judgment January 30, 2006 Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Mr. Serajur Rahman, Ad......dvocate with him) instructed by Md. Nawab All, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-3 Civil Appeal No. 193 of 2002 (From the Judgment and Order dated 17.05.2001 passed by the High Court Division in Writ Petition No. 2992 of 1996) ..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. ......ed to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (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. Khoshnab......the Appellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent Nos. 2-11. Civil Appeal No. 269 of 2001 (From the Judgment and Order dated 01.04.1996 passed by the High Court Division in Civil Revision No. 473 of 1981) ..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. ......another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his heirs 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, Advoc......ecord-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Fakhrul Islam, Advocate-on-Record- Respondent Civil Appeal No. 222 of 2002 (From the Judgment and Order date July 25, 2000 passed by the High Court Division in Civil Revision No. 9824 of 1991) ..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. ................Respondents (In C. A., No 249 of 2002) 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-Re...... M. A. Aziz Khan, Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1 (In all the cases) Civil Appeal Nos. 244-250 of 2002 (From the Judgment and Order dated 24.10.2000 passed by the High Court Division in Writ Petition Nos. 2467, 1872, 1874, 18..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. ......ip;………………...Respondents Judgment April 9, 2006 Case 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......uty Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not represented-Respondents Civil Appeal No. 578 of 2001 (From the Judgment and Order dated June 22,1997 passed by the High Court Division in Civil Order No. 4901 of 1997) ..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. ...... Mondal @ Md. Sirajuddin Mondal and other.............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-......Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dh..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. ...... Road, P. S: Ramna, Dhaka-1000.................. Petitioner vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of th......ructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Petition For Lave to Appeal No. 877 of 2005 (From the Judgment and Order dated 08.05.2005 passed by the High Court Division in Writ Petition No. 4892 of 2003) ..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. ......lip;…………………….Respondent Judgement 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......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. ......ossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167; 48 DLR (AD) 199; Mustafizur 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, instruc......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. ...... Md. Tafazzul Islam J Bangladesh Krishi Bank…….......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, instru......ssing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the th..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. ......J Sree Promad Chandra Barman & others..............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, Adv......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. ......ngladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Addition...... not find those decisions to be relevant. In deciding the appeal the only ground was as to whether the plaint was legally returned to the filing Advocate or not. The Division Bench then considered Order VII Rule 10, Sub-rule 1 C.P.C. and found that there is no "another court" in which ..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. M......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. ......l Islam J Government of Bangladesh and others…………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahi......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. ......s……... ........Respondents Judgement February 10, 2004. Case Referred 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, ......1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for declaring the suit property as abandoned property under President Order No.16 of 1972. The Ministry of Works declared the suit property as the abandoned property on ..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. ......s heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Adv......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. ......k Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa 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-Re......one of the legal heirs of late Osiur Rahman. The suit was decreed on 15.5.1989. Two (2) Miscellaneous Cases, Miscellaneous Case No. 41 of 1989 and Miscellaneous Case No. 44 of 1989 were filed under Order 9 Rule 13 of the Code of Civil Procedure seeking setting aside of the decree passed in the af..Category: Civil Law | Date: | Hits: 122