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Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)

....No. 4924 of 1991 discharging the Rule. 2. The predecessor of the deceased pre-emptor Amirun Nahar instituted Miscella­neous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner...... 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. ......ove, 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. ...... 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)

....ed order the convict-respondent No.1 has been allowed bail for a period of one year in the aforesaid pending appeal. 4. Leave was granted to consider the following ground: "For that the learned Judge of the High Court Division did not consider that in granting bail to an accused convicted for ......bove, 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. ...... 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. ......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)

....der No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Sub­ordinate Judge (now Joint District Judge), Mymensingh in Other Class Appeal No. 202 of 1997 reversing the ju......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 26

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....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. ......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. ......ly, 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. ......ivil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judg..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....          Syed JR Mudassir Husain CJ.- I have gone through the judgments proposed to be delivered by learned brother, Amirul Kabir Chowdhury, the author Judge and additional judgments written by my brother Md. Ruhul Amin, my brother MM Ruhul Amin and ...... 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. ......, 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. ......ls] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and..

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. ......at 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. ......eding 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. ......llate Division (Civil) Present: Md Ruhul Amin J   KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents ..

Category: Employment/Service Law | Date: | Hits: 92

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....ir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record&......e 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. ......y 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. ......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)

....9 (sat) under sections 183/186/188 of the Penal Code pending before the learned Magistrate, 1st Class, Satkhira. 2. Kazi Alamgir Kabir, a process server of the Court of the Senior Assistant Judge, Sadar, Satkhira, on 4-4-1999 submitted report before the learned Senior Assistant Judge, Sad...... 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. ...... 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. ......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

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....eks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting aside those dated 10-4-1990 of the Subordinate Judge and Commercial Court No. 2, Dhaka in Title Suit No. 68 of 1989 decreeing the suit. 3. ......en accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ed to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Inv..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... and High Court Division. (c) Amended Article purports to confer territori­al jurisdiction to the permanent benches which is repugnant to Article 102 of the Constitution. (d) Transfer of Judges have been made by a deeming provision although nowhere in the Constitution such provision t......etition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......ry J Shahabuddin Ah­med J M.H. Rahman J A.T.M. 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 Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ra..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Dea......on and sentence of ac­cused 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...... Division is set aside. Conviction and sentence of ac­cused 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...... High Court Division is set aside. Conviction and sentence of ac­cused 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)

....lah, Advocate-on-Record —For the Appel­lant. Sharifuddin Chaklader, Advocate-on-Record —For the Respondents No. 1-5. Not represented-Respondent Nos. 6-11. Civil Appeal No. 75 of 1985 Judgement ATM Afzal J.— This is a plaintiffs' appeal by leave. The question raised is whether t......e suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......hey may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..

Category: Procedural Law | Date: | Hits: 110

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record — For the Re­spondent. Criminal Appeal No. 32 of 1986. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question the propriety......ce 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......t 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......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)

....dvocate-on-Record — For Respondent No. 2 (State). M.A. Wahhab Miah, Advocate, instructed by Md. Altab Hossain, Advocate-on-Record — For Re­spondent No.1. Criminal Appeal No. 4 of 1988. Judgement: M.H. Rahman J. — Appellant was con­victed under section 406 of the Penal Code and s......ly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......d. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere 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)

....cate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Ap­pe......nd 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...... 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......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..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....ocates with him) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong ......ere. 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. ......re 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. ......is Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....intiff’s right was never recognised as required under clause (3) of section 86 not any argument is made that the said finding is wrong it must be said that the view taken by the Additional District Judge and upheld by the High Court Division that plaintiff’s right, if any, has extinguished with ......nswer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ...... the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......eration is whether the plain­tiff-appellant was non-suited upon a correct view of section 86 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) as substituted by the Bangladesh State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 o..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....the Appellant. Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 4 of 1988. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question a decree for e......do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......hink that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....cate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil Appeal No. 34 of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). ......gally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......d without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....of conviction and sentence under sec­tion 448 Penal Code passed against the appellant by a Metropolitan Magistrate, First Class, Dhaka and confirmed in appeal and revision by the Additional Sessions Judge, 3rd Court, Dhaka and a Single Judge of the High Court Division, Dhaka respectively. 2. It ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59