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State Vs. Nurul Islam, 2006, 35 CLC (AD)
....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 ......he High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rig......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 ......Amin J K. M. Hasan J Syed J. R. Mudassir Husain J The State......Petitioner Vs. Nurul Islam……………….Respondent Judgment 13 May 2002 Lawyers Involved: Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ulla..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (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. ...... Judgment December 18, 2002. Cases Referred to- 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......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. ......ate 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 Advocate, instructed by A.K.M. Shahidul H..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......he S.C.C. Suit No. 16 of 1968 against Dr. Md. Ismail Khan (since dead), predecessor of the present appellants and his son the appellant No. 2 A.B.M. Emdadul Huq as defendant Nos. 1 and 2 respectively for their ejectment from the suit, premises as the monthly ejectable tenant on the ground of default...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......Ali Talukder and others .........Defendant- Respondents. Judgment 29th November 1995 Cases Referred to- Pradip Das and others vs. Kazal Das Sharma and others, 44 D.L.R. (AD) 1 Lawyers Involved: S .R. Pal, Senior Advocate, Supreme Court, (Shawkat Ali Khan, Senior Advoca..Category: Procedural Law | Date: | Hits: 83
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....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. ...... Mohammad Fazlul Karim J: - Leave was granted in the appeal to consider the submission of the learned Counsel for the appellant appearing as under: "Mr. Hasan Ariff, the learned Counsel appearing f......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. ...... Amirul Kabir Chowdhury J The Vice-Chancellor Chittagong University .................Appellant Vs. Mohammad Nurul Amin Chowdhury. .............Respondents Judgment 3rd March 2004. Lawyers Involved: A.F.M. Hasan Ariff, Attorney General, Advocate-on-Record- For the Appellant..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......udge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of poss......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......s Vs. Maran Bepari, 21 DLR (SC) 448; 30 DLR (SC); Mir Laik Ali Vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Akrab Ali and others Vs. Zahiruddin Kari, 30 DLR (SC) 81. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Reco..Category: Procedural Law | Date: | Hits: 112
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....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. ......ion in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Gove......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. ...... M.A. Aziz J Md. Motiruddin Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & others...... .Respondents. Judgment 23rd May 2005 Lawyers Involved: Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- Fo..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....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. ......plication dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam, the learned Advocate for the petitioners, submits that the pre-emptor-respondent himself give up his case for supply......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. ......ainur Reza Chowdhury J K. M. Hasan J Syed J. R. Mudassir Husain J Abdul Matlib and others.......Appellants. Vs. Abdul Malik...............Respondent Judgment 8th May 2002. Lawyers Involved: T.H. Khan, Senior Advocate, (Mr. Mahbubey Alam, Senior Advocate and J. N. D..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....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. ......he Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind ......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. ......in J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdus Quddus.............Appellant. Vs. Administration of Waqf & others.............Respondents. Judgment 16th August 2004 Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwar..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ...... 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the H......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......r Husain C J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdul Jalil Khan…………Petitioner Vs. The State.................Respondent Judgment 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Reco..Category: Anti-Corruption Laws | Date: | Hits: 94
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. ......hchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul Alam agreed and paid Tk. 55,000/- on 08.03.......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. ...... Amirul Kabir Chowdhury J The State...........................Petitioner Vs. Abul Kalam...................Respondent Judgment August 3, 2005. Lawyers Involved: Ramzan Ali, Deputy Attorney General, instructed by Mr. B. Hossain, Ad..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......ly 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......dassir Husain J Abu Sayeed Ahammed J Enamul Haque... .............Petitioner Vs. The State..........Respondent Judgment July 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......espondent was a Senior Principal Officer of the Bank who was prosecuted under Sections 409/477A/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ta Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgment 19th June 2004 Lawyers Involved: Shamim Khaled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Rec..Category: Anti-Corruption Laws | Date: | Hits: 83
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 ......te................................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 80 of 2001. (From the Judgment and Order dated 4/5-2-2001. Passed by the Hi......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 ...... J Judgment 20th July 2002 Mazid Sheikh @ Mazid and others………………Petitioners. Vs. The State................................Respondent Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-Petitioners. Not Represent..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....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. ......Sessions Case No. 42 of 1994 altering conviction of the appellant under section 304 Part-1 of the Penal Code to a conviction under section 324 of the Penal Code and modifying sentence of imprisonment for 2(two) years with a fine of Tk. 500/- in place of rigorous imprisonment for 10(ten) years a......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. ......this case a piece of stone can be termed as a weapon of offence under section 324 of the Penal Code…………………. (16) Lawyers Involved: Abdul Malek, Senior Advocate (Subrata Chowdhury, Advocate with him), ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... 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 ............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, instructed by A. K. M. Shahidul...... 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 ......d 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 Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....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: ......is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been exporting shrimps to the Japa......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: ......p; National Board of Revenue and others...............Appellants Vs. Mustafizur Rahman ..................Respondent Judgment January 21, 2003. Result: The Appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney Genera..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......n the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the su......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ...... J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohiuddin and others...........Appellants Vs. Shwkat Ali and others .......Respondents Judgment 23rd May 2005 Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, A..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....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. ...... Judgment 20 November 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in d......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. ......enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate (Abdus Salam Khan, Senio..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......p; Md. Badruddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ....................Respondents, (in C. P .No. 901 of 2002) Md. Idris Ali & others...............Respondents, (in C. P. No. 902 of 2002) Judgment 12th June 2004 Lawyers Involved: Md. Badruddoza, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Reco..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... 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. ...... 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 of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... 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. ...... Hashmat Ali Jamadar and others Vs. Asmat Ali Jamadar, 6 DLR 478; Sachindra 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..Category: Alternative Dispute Resolution | Date: | Hits: 229
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