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Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ase Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instruc......ed to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 DLR (AD) 174. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md.......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ivision (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents Judgment ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

.... in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ...... Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....msul Haque Siddique, Advocate-on-Record — For the Respondent. B Hossain, Advocate-on-Record — For the Appellant. (In Criminal Appeal No. 28 of 1996) Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent(In Criminal Appeal Nos. 26-28 of 1996) C...... not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate on-Record — For the Appel......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahmudul Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......nbsp; Judgment October 20, 2005. Lawyers Involved:  Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak Hossain, Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......ppellate Division (Civil)  Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J  Tara Mia & others...........Appellants. Vs. Taru Mia & others.........Respondents.  Judgment October 20, 2005..

Category: Property Law | Date: | Hits: 76

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....rict, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......n are that PW. 1 Kazi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station alleging that on 11-1-93 at about 09.00 A. M. one Monowar Hossain Bepari was proceeding towards Dhamodya from Bhedorganj on his way to Banaripara by rickshaw ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......uty Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

.... Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhu...... City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs.  Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148.  Lawyers Involved:  Abdur Rob Chowdhury, Senior Ad......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......on (Civil)  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J  Syed S.M. Hasan.............Appellant Vs. Bangladesh represent­ed by the Secretary, Ministry of Finance, Banking Division and a..

Category: Administrative Law | Date: | Hits: 130

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....he High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ......olved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish Huq, Advocate-on-Record- For the Appellants  A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents   Civil Appeal No. 323 of 2001 (From th......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ...... cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

.... 2004. Lawyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant  Dr. M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent   Civil Appeal No. 134 of 2001 ......wyers Involved:  A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant  Dr. M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent   Civil Appeal No. 134 of 2001 (From the......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......ivision  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents  Judgment 3rd March 2004. Lawy..

Category: Constitutional Law | Date: | Hits: 154

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record......hers..........Respondents  Judgment 23rd May 1999  Lawyers Involved:  Khandker Mahbubuddin Ahmed, Senior, (Md. Shahidul Alam Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner  Moksudur Rahman, instructed by Md. Nawab Ali,......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respondents  Judgment 23rd May 1999  L..

Category: Property Law | Date: | Hits: 45

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

....dge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......he appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003  Lawyers Involved:  S.S. Haider, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur Rahman, Senior Advocate, instructe......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......Supreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J Abu Sayeed Ahmad J M.M. Ruhul Amin J  Moulana  Serajul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent  In both the appeals).  Judgement 29 July 2003..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

.... at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......upreme Court Appellate Division  (Civil)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J M.A. Aziz J  Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & oth­ers...... .Respondents.  Judgment 23rd May 2005 ..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....hbubey Alam, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-record-For the Appellants.  Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent.   Civil Appeal No. 119 of 1......m, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-record-For the Appellants.  Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent.   Civil Appeal No. 119 of 1999. (Fro......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......  Ed. ..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

.... as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......bsp; 16.  Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law.  Ed. ......dance with law.  Ed. ..

Category: Property Law | Date: | Hits: 57

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ...... Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. Lawyers Involved:  Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record-For the Petitioner  Not represented-the Respondent.  ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......sp;                 Amirul Kabir Chowdhury J  The State...........................Petitioner Vs. Abul Kalam...................Respondent  Judgment August 3, 2005. ..

Category: Criminal Law | Date: | Hits: 92

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... he came back from Dhaka and Stayed at Doulatdia Ghat in a Hotel; on the next day i.e. on 4th  Sravan, Monday he started for home with Tk. 900/- only keeping the rest amount with his nephew Abul Hossain, son of Helaluddin of village Jitka, P.S. and District Manikganj but he did not reach home; ......uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J  Judgment 20th July 2002  Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent  Lawyers Involved:  A. K. M. Sh..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....nt reason to interfere with the same.  The appeal is dismissed.   Ed. ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......vision  (Criminal)  Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J  Mashuq Mia @ Iqbal ...................Appellant. Vs. The State…...Respondent.  Judgment August 14, 2004.  ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

....llant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant.   Abdus Sobhan, Senior Advocate...... Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Involved:  Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant.   Abdus Sobhan, Senior Advocate, instruct...... or part thereof from 15th of April, 1971 till alleged termi­nation of his service on 18th January, 1993.  The appeal is accordingly allowed in part without any order as to costs.  Ed ......ppellate Division  (Civil)  Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J  Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent  Judgment 28th July 2004  Lawyers Inv..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....ny order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ......late Division  Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J  National Board of Revenue and oth­ers...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....xclusive possession………..(8)  Lawyers Involved:  Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senior Advocate within him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants  Mahmudul Islam, Senior Advocate (A......eme Court Appellate Division  (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents&......ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ...... (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents  Judgment 20 November 20..

Category: Property Law | Date: | Hits: 43

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....chindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56.  Lawyers Involved:  Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wahidullah Advocate-on-Record-For the Appellant.  Fida M. Kamal, Additional Attorney Gen......11.1992 of the Subordinate Judge, First Court, Dhaka in Miscellaneous Case No. 71 of 1991 declaring the award dated 21.9.1991 signed and delivered by the sole  Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ......p; Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bang..

Category: Alternative Dispute Resolution | Date: | Hits: 229