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Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......75; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes and another vs Hinkson AIR 1946 PC 156 and Paresh Chandra Bhowmick vs Hiralal Nath and others 36 DLR (AD) 156. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Mahb......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-......ructed by Abu Siddique, Advocate-on-Record—For Respondent Nos. 1(a)- Kg) Not represented—Respondent Nos. 2-12. Civil Appeal No. 246 of 2001. (From the Judgment and Order dated June 24, 1996 passed by the High Court Division in Civil Revision No. 809 of 1991). ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ........Petitioner vs State and another... .........Respondents Judgment March 21st, 2006 Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him)......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......hamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (Sigma Huda, Advocate with him), instructed by Syed Ma......tion, passed by the Constituent Assembly, there was a similar provision for reservation of 15 seats for women for ten years in addition to 300 seats for member of Parliament. By Second ProclaÂmation Order No. IV of 1978, the number of seats was increased to 30 seats and the period was extended to f..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... State…………………………….Respondent Judgment April 4th, 2006. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......l K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-R...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......n to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence……………………………(13) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Att......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. .............Appellant vs Shajirannessa Bewa and others........Respondents Judgment November 23, 2005. Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the C......t. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. Not represented—Respondent Nos. 2, 5 & 6. Civil Appeal No. 91 of 2002. (From the Judgment and Order dated January 11, 1999 passed by the High Court Division in Civil Order No.1451 of 1999). ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... order by Memo dated 13-6-1985. It further appears that Bangladesh Oil, Gas and Mineral Resources Corporation appointed the petitioner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with direction...... Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Aftab Hossian, Advocate-on-......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents Judgment February 2nd, 2003 Lawyers Involved: Matiur Rahman, Advocate, instructed by Mrs Azra Ali, Advocate-on-Record&md...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur R......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......abir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June 22nd, 2005. Lawyers Involved: Prabir Haider, Advocate (appeared with the leave of the Court), instructed......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....risdiction of this court, the learned counsel submitted that only one indivisible character of the Supreme Court is focussed in the Constitution. 14. The learned Counsel submitted that in 1982 the Martial Law was proclaimed and then the concept of 'permanent benches' was devised by MarÂtial Law ...... Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil A......he permanent Bench at Dhaka. 19. This was the state of affairs till June, 1986 when the permanent Benches by a deeming provision were converted into Circuit Benches by the Martial Law Proclamation Order of 1986. The learned Counsel submitted that for safeguarding and ensuring the independence and..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......d the accused be acquitted ………(31,32,33) Cases Referred to- Sarwan Singh Rattan Singh vs. State of Punjab, A.I.R. 1957(SC) 637; Abdul Majid Vs. Govt. of East Pakistan, 16 DLR (SC) 127. Lawyers Involved: Julmat Ali Khan, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Rec...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......uit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record ......ddin Moral and others................ Appellants Vs. Santosh Kumar Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....en them when Monoranjan did not vote for his chairmanship. He has, however, admitted the defence suggestion that about a year before this incident Monoranjan had lodged a complaint against him to the Martial Law Authority for misappropriation of relief fund. He has also admitted that he deposed agai......ble than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......ed and accepted by the three courts below, there is no ground to interfere…………………..(6) Cases Referred to- Nasiruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14. Lawyers Involved: S.C. Das, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record, â€......lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ate defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Sajjadul Hug, Advocate-on-R......ne away after the seasonal work. 8. Now, as to the kabala of Bazlur Rahman, it was not available in the record but evidence of P.W.1 is that he had submitted the kabala to the trial Court, and the Order-sheet of the trial Court shows that some documents were also produced by P.W. 1. But these doc..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......e is no scope for advancing any argument on supposed notions………(21) Cases Referred to- Carlill vs. Carbolic Smoke Ball Co. (1892) 2 QB 84, Gauga Ram V. Nath Singh A.I.R. 1924 P.C.183. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Shaheed Alam, Advocate with him), instructed b...... Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Result: The appeal is allowed. The Bangladesh House Building Finance Corporation Order, 1973 (P.O. 7 of 1973), article 37 The Transfer of Property Act, 1882 (IV of 1882), section..Category: Property Law | Date: | Hits: 41
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